S.ALI AHMAD
Sudama Prasad Keshri – Appellant
Versus
Tapeshwar Sao – Respondent
S. Ali Ahmad and J JJ.
1. Defendant Nos.4 and 5 have filed this second appeal against the judgment and Decree passed in Title Appeal No.70/6 of 1980/81 which arose out of a suit filed by the plaintiffs-respondent contesting the suit for a declaration that the deed of gift dated 26-11-1965 executed by Bhagelu Sao in favour of defendant Nos.1 and 2 was illegal, void and inoperative. It is said by the plaintiffs that defendant No.1 was the concubine of Bhagelu Sao and defendant No.2 was the illegitimate son of the two. Further according to the plaintiffs bhagelu Sao was brought under influence of these two defendants and got the deed fraudulently executed. It is said that later on he cancelled the deed of gift by executing another deed dated 29-11-1965. The matters did not end there. The plaintiffs say that another deed was executed on 4-12-1965 cancelling the deed dated 29-11-1965. Then again on 20-12-1965 a third deed of cancellation was executed cancelling the deed dated 4-12-1965. The plaintiffs also alleged that the deed of gift which covers half of the residential house and 19 decimals of land were the ancestral property of the plaintiffs and Bhagelu Sao and as such the
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