DHARMENDRA KUMAR Vs. RUKMINI DEVI

JUDGEMENT

(1.) The instant Second Appeal has been preferred being aggrieved and dissatisfied with the judgment dtd. 4/3/2011 and decree dtd. 18/3/2011 passed by learned Additional District Judge-Fast Track Court-II, Giridih in Title Appeal No. 53 of 2008 reversing the Judgment and Decree dtd. 17/9/2008 (decree signed and sealed on 30/9/2008) passed by Sub-Judge-I, Giridih in Title Suit No. 26 of 2003.

(2.) The plaintiff (appellant herein) filed the suit for declaration that the deed of gift No. 3221 dtd. 24/7/2002 executed by defendant No. 2 in favour of defendant No. 1 is null and void and no right, title and interest passed on defendant No. 1.

(3.) On the other hand, the case of the defendants/respondents is that the suit property was purchased by Dulari Devi (defendant No. 2) out of her own earning and savings and Stree Dhan. She acquired 18 Decimals of land in Survey Plot No. 556 of Khata Number 49/1 of Mauza Dhanwar from Babu Jittu Sao registered sale deed 7487 dtd. 12/06/1959 and came into exclusive possession. She has absolutely denied that the consideration amount was paid by her husband or the property was purchased from joint fund of the family. It is further alleged that out of her purchased land, Dulari Devi has transferred 9 decimal lands to Rama Saw, son of Fauzdari Saw about 20 years back. Her sons and daughters-in-law are residing in the house only as per the consent and no any right has been created in favour of sons and daughters-in-law. Defendant No. 2 has admitted that she had voluntarily executed gift deed of the suit house property in favour of her own daughter-in-law (defendant No. 1) through registered deed of gift which is genuine and valid. The plaintiff is working at Bangaluru getting handsome salary and living there along with his family and children. She has gifted her own property to defendant No. 1 of her own accord hence the suit of the plaintiff is liable to be dismissed.