KANHA Vs. KALU

JUDGEMENT

(1.) THE suit filed by Kanha Meena son of Shri Kishan Meena for cancellation of gift deed whereby he is alleged to have gifted away his entire immovable and movable property to his daughter's son Kalu, was dismissed by the learned District Judge, Bundi by the impugned judgment dated 5. 3. 1986 and being aggrieved by the same, the plaintiff Kanha (since deceased) is in appeal before this Court.

(2.) KANHA at age about 65 years is said to have executed Ex. A. 1 gift deed on 28. 1. 1972 in favour of defendant Kalu who was minor of about 12-13 years and was son of eldest daughter of KANHA Smt. Keshar wife of Bhanwar Lal and the said gift deed (Bakhshishnama) was drafted by Kapur Chand Nuwal, Advocate DW. 5, on 28. 1. 1972 when Smt. Keshar and her husband Bhanwar Lal, defendant Nos. 2 & 3 along with defendant No. 1 Kalu brought the plaintiff KANHA to Bundi when he was suffering from some illness as he was living in village Maija, they came for treatment of plaintiff KANHA to nearby town Bundi and got the said gift deed executed and signed by thumb impression by plaintiff KANHA. By the said gift deed the entire property belonging to plaintiff KANHA including the agricultural land of about 54 bighas and one residential house valued at Rs. 10,000/- were given in gift to his his minor grand-son defendant Kalu. It may be stated here that the plaintiff KANHA had other three daughters also Smt. Gopali, Smt. Kisturi Bai and Smt. Prem Bai who did not have any issue at that time and his own wife Smt. Modi Bai. He had no male issue and the husband of Smt. Keshar and the said daughter were living in the house of plaintiff KANHA only and, therefore, out of natural lone and affection for the only grand-son defendant Kalu, the said gift was made in his favour.

(3.) THE said suit for cancellation of the gift deed was dismissed by the learned District Judge as aforesaid.