GAYA PRASAD Vs. JASWANT RAI

JUDGEMENT

(1.) This is a plaintiff's appeal arising out of a suit for pre-emption against a number of defendants, who have purchased shares in village Char under a deed dated 31 January 1925. The claim was mainly resisted on the strength of two deeds of gift executed by one Ram Nath, in favour of the defendant separately on 4 January 1926 and 1 March 1927. The first document was executed before the institution of the suit, but the second one was executed during its pendency. The plaintiff challenged the validity of these two gifts on the ground that the first one was fictitious, void and ineffectual, and that possession had not been delivered to the donees, and that the second one was in reality a sale deed and not a deed of gift. The learned Subordinate Judge has decided these questions of fact against the plaintiff, and the findings have been arrived at after an elaborate consideration of the evidence produced by both the parties. We agree with his conclusions, and do not feel inclined to disturb his findings of fact. He has, however, dismissed the plaintiff's suit on the ground that: there is no proof that the property transferred under the gifts is joint and also ancestral and as such Ham Nath could not have made the gift. Secondly the transaction is voidable and not void. So long as the deed remains unchallenged, the donees possess a good title.

(2.) As regards the second ground relied upon by him, he was clearly in error in view of the opinion expressed by this Court in the case of Govind Singh V/s. Manglu as well as Kundan Gir V/s. Jaswant Singh .

(3.) The main point to consider is whether the defendants have acquired an indefeasible right by virtue of these gifts within the meaning of Section 20, Agra Pre-emption Act.