SURAJBHAN Vs. PRABHU

JUDGEMENT

(1.) THIS is an appeal by the plaintiff in a suit for a declaration that the gift-deed executed by the defendant No. 1 to 4 in favour of Jammu, defendant No. 5, dated 25th Oct. , 1944, and registered on 26th of October, 1944, was null and void against the plaintiff. The suit related to a certain piece of land situated in village Mehta was in the erstwhile State of Alwar. THIS land has been described in the plaint and it was alleged that the said land belonged to and was possessed by the plaintiff Kanhiram but the defendants 1 to 4 had without any right or title executed the gift-deed in favour of the defendant No. 5 (Jammu ).

(2.) THE defendant denied the title or possession of the plaintiff and pleaded that the land belonged to the executants of the gift-deed who were fully entitled to execute it in favour of the defendant No. 5 and thus transferred the property to him. It was also pleaded that the suit for declaration alone was barred as the plaintiff could have prayed for consequential relief of possession which he did not.