BASANTI DEVI Vs. GIRDHARI RANA

JUDGEMENT

(1.) THIS appeal by the plaintiffs' under Section 100 C.P.C. is directed against the judgment and decree dated 20.8.1990 passed by 1st Additional District Judge, Hazaribagh in Title Appeal No. 60 of 1989 whereby the appellate court has allowed the appeal and set aside the judgment and decree dated 30th July, 1989 passed by Subordinate Judge -V, Hazaribagh in Title Suit No. 89 of 1984 and finally dismissed the suit.

(2.) THE plaintiffs -appellants filed the aforementioned Title Suit No. 89 of 1984 for declaration that the deed of gift dated 24.8.1983 executed by defendant No. 1 in favour of defendant Nos. 2 to 6 is void, illegal and inoperative and further for a decree of permanent injunction directing defendant No. 1 to admit execution of sale -deeds dated 22.8.1983 and 26.8.1983 or to execute fresh sale -deeds in favour of the plaintiffs before the District Sub Registrar, Hazaribagh. A further relief for khas possession of the suit property was also sought for.

(3.) THE case of the defendants' - respondents, on the other hand, is that the suit is barred by limitation. The defendants denied each and every allegation made in the plaint. Defendant No. 1 denied that he ever wanted to dispose of the property and he was not in need of money. He neither approached plaintiff No. 1 nor ever agreed to sell the suit property by executing two sale -deeds. Defendant No. 1 also denied the fact that he ever came to Hazaribagh on 22.8.1983 along with plaintiff No. 1 and executed any sale deed. On the contrary, on 22.8.1983, while defendant No. 1 was in the village home, plaintiff No. 1 came to him and brought him to Hazaribagh. In front of the office of Hazaribagh Municipality, he along with other persons was encircled and plaintiff No. 1 obtained his signature on blank stamp -paper forcibly putting him into fear of his instant death. Soon after the incidence, defendant No. 1 alleged to have come down to his village home and narrated the whole incidence and made an attempt to lodge FIR in Barhi Police Station on 23.8.1983. The police declined to register the case. It was alleged by defendant No. 1 that thereafter, he also tried to lodge Sanha at the Sadar Police Station, Hazaribagh, but the Police Officer advised him to come on the next day. Consequently, the Sanha was not recorded. Thereafter, defendant No. 1 alleged to have filed a complaint case on 26.8.1983. Defendants' further case is that plaintiff No. 1, after obtaining signatures of defendant No. 1 on the blank stamp paper, converted it into two sale -deeds and got the same presented before the District Sub Registrar, Hazaribagh in a futile attempt to get those sale -deeds registered. Besides the other facts, defendants pleaded that the plaintiffs are not entitled to any decree as sought for by them.