MUKHRAJ DEVI Vs. MANOJ KUMAR SINGH

JUDGEMENT

(1.) Kismati Devi was wife of Mathura Singh of village Barodih in Palamu district. She died leaving behind four daughters namely, Brijbas Devi, Mukhraj Devi, Payari Devi and Jaibas Devi. Her husband along with three daughters filed Title Suit No. 64 of 1976 against fourth daughter, Brijbas Devi and her husband Rameshwar Prasad Singh for declaration that execution of deed of gift dated 2-9-1976 by Kismati Devi was not her conscious act and it was inoperative and ineffective document and did not confer any title upon defendant No. 1. Properties covered by said deed were detailed in Schedule A'to the plaint.

(2.) According, to plaintiffs, defendant No. 2, husband of defendant No. 1 manouvered execution of gift deed fraudlently. Kismati Devi was seriously ill and was suffering from cancer. Her condition deteriorated and on 30/08/1976 she became unconscious and thereafter could never regain consciousness till her death on 4-9-1976. In the meantime, defendant No. 2 proposed to take her to Varanasi for treatment on the plea that if she did not survive, her last rites would be performed there. On that pretext she was brought to Garhwa to catch train for Varanasi, but instead of taking her to Varanasi, defendant No. 2, on 2-9-1976 got a deed of gift executed by her at Garhwa and thereafter brought her back to village Barodih and announced that he could not arrange sufficient money and so she could not be taken to Varanasi. Kismati Devi expired at village-Barodih.

(3.) Plaintiffs alleged that defendant No. 2 obtained L.T.I. of Kismati Devi on the deed and for that purpose she was brought on the Veranda of Registration Office, Garhwa, in a case of unconsciousness and mother of defendant No. 2 impersonated her before Registrar. The scribe managed the affairs in collusion with staff of the Registration Office.