KRISHNA KUMAR MAHATO Vs. SUKHLAL REWANI

JUDGEMENT

(1.) IN this second appeal the substantial question of law to be answered is : "Whether the gift of public in general is valid ?" While framing the aforesaid question at the time of admission the appellants had been given liberty to raise other substantial questions of law, if available, at the time of hearing of this appeal. Taking advantage of this liberty one substantial question has been raised: Whether or not a gift can be made for creating a Samshanghat in contravention of Law i.e. Municipal Act or the Panchayat Raj Act ?

(2.) THE aforesaid question arose out of the following facts: One Haripada Mahato executed a deed of gift (Ext. C) to 21 persons for the purpose of creation of a Samshanghat as people of that area were feeling difficulty in disposing of the dead bodies. That deed of gift was attested, registered and that was produced in the Court by one of those 21 persons. It also transpires that a mutation petition was filed by those 21 persons but that was rejected. Thereafter, both the parties i.e. the appellants and those 21 persons preferred appeals before the Revenue authorities and the appeal filed by the appellants was dismissed whereas the appeal of those 21 persons was allowed. Consequently, the mutation was made in favour of those 21 persons. Further some relevant facts are that the land which is in dispute appertains to plot No. 237 Khata No. 171, having an area 0.35 Decimals in Chitarpur, Police Station Topchanchi, District Dhanbad. The appellants claimed that land on the basis of purchase from the recorded tenant and amalgamation as all the adjacent lands to the disputed land were owned by the appellants and, therefore, they purchased this land from the recorded tenant. The donor was the co-sharer of the recorded tenant and he claimed the land on the basis of partition and he donated that very land for creation of a Samshanghat. The plaintiffs/appellants brought the aforesaid suit for a declaration that the deed of gift was an invalid document and for declaration of his title and possession over the land in question.

(3.) BEING aggrieved by the judgment and decree of the learned trial Court, the respondents herein preferred first appeal, in which the learned 1st appellate Court reversed the finding of the learned trial Court and thus, the suit of the plaintiff was ultimately dismissed and it was declared that the deed of gift was valid one.