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2017 Supreme(Bom) 225

A.S.CHANDURKAR
Vasant Kisan Idhol – Appellant
Versus
Manjurabai Kisanrao Idhol – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Mr. N. R. Saboo, Adv.
For the Non-Applicant : Mr. U.J. Deshpande, Adv.

JUDGMENT :

1. Admit.

Heard finally with consent of counsel for the parties.

2. The issue that arises for determination in this Civil Revision Application is :

Whether the plaint is liable to be rejected under provisions of Order-VII, Rule 11 (b) of the Code of Civil Procedure, 1908?

3. The Applicant-defendant is the son of the Non-applicant-plaintiff. It is the case of the Non-applicant that she was the owner of two agricultural fields and a residential house. The husband of the non-applicant used to remain ill, due to which the applicant had come to the house so as to render him treatment. According to the non-applicant, her husband expired on 1st October, 2012 and that just prior to his death, the applicant had got prepared a Gift-Deed dated 29th June, 2012 without her consent. As per said Gift-Deed, field Gat No.67 was shown to have been gifted by the Non-applicant in favour of the applicant. On that basis, the non-applicant filed suit for declaration that the Gift-Deed dated 29th June, 2012 was null and void and was not liable to be acted upon. Cancellation of said Gift-Deed was sought with a further prayer that the applicant be injuncted permanently from disturbing her possession o












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