The main legal point established is that the validity and effectiveness of a gift deed, along with the exclusive possession of the property, determine the title ownership, and subsequent acts of the parties cannot divest the rightful owner of their title.

Mungeshwar Sahoo, J.

1. The Defendants have filed this first appeal against the judgment and decree dated, 21st September, 2005 (decree signed on 5th October, 2005) passed by Sri Nand Kishore Prasad Gupta, the learned Sub Judge-ll, Danapur in Title Suit No. 132 of 1997 decreeing the Plaintiff-Respondent No. 1 suit for declaration of title.

2. The Plaintiff-Respondent No. 1 Lalla Singh filed the aforesaid Title Suit No. 132 of 1997 praying for declaration that the Plaintiff has exclusive title over the suit land fully described in Schedule 2 at the foot of the plaint and further for declaration that the Defendants have no title. The Plaintiff also prayed for injunction against the Defendants with regard to Schedule 2 property.

3. The Plaintiff prayed for the aforesaid reliefs alleging that Misri Singh was the only son of Sarwan Dhari Singh. On the death of Sarwan Dhari Singh, Misri Singh inherited his entire property. Misri Singh was married with Bechani Kunwar. Out of love and affection and service rendered by Bechani Kunwar, Misri Singh executed and registered a gift deed with regard to the entire property mentioned in Schedule 1 of the plaint in favour of his wife Bechani Kunwar on 12th July, 1932. On the basis of the said gift deed after accepting the gift Bechani Kunwar came in exclusive possession of Schedule 1 property. Plaintiff Lalla Singh was born out of the wed-lock. Subsequently, Bechani Kunwar died leaving behind Lalla Prasad Singh her only sbn as legal heirs who inherited the entire property of his mother Bechani Kunwar i.e. the Schedule 1 property. When Plaintiff Lalla Prasad Singh was in need of money his father Misri Singh for the benefit of Plaintiff sold some property and the purchasers were put in possession. Lalla Singh, the Plaintiff also transferred some of the properties out of Schedule 1 property to meet his own legal necessity and for the satisfaction of the purchasers the father Misri Singh also joined as executant. Lalla Prasad Singh received the entire consideration amount and put the purchasers in possession. On the death of Bechani Kunwar, Misri Singh married with Navratan Devi and out of this wedlock three sons were born, who are the Defendants in this case. Since on the death of Bechani Kunwar the property was exclusively inherited by the Plaintiff, Misri Singh had no title over the property. Therefore, the Defendants did not inherit any property. After selling the properties which remained in exclusive possession of the Plaintiff has been described in Schedule-ll of the plaint. The Defendants started claiming title forcibly over Schedule-ll property and, therefore, the Plaintiff was compelled to file the present suit for the reliefs as stated above.

4. The Defendant-Appellants appeared and filed jointly a contesting written statement. Their defence in short is that the alleged registered gift deed dated, 12th July, 1932 is showy document and it was never acted upon. On the basis of the said gift deed Bechani Kunwar never came in exclusive possession. Subsequently, the properties were also sold by Misri Singh which indicates that gift was not acted upon. There had been no partition and the Defendants are also in joint possession of the property. Bechani Kunwar never accepted the gift and never came in possession either actual or constructive and she was not mutated. The entire property is joint family property. The Defendants inherited the properties as coparceners and, therefore, they have unity of title and possession over the suit property as such the Plaintiff is not entitled for declaration of exclusive title.

5. On the basis of the aforesaid pleadings, the learned Court below framed seven issues. Out of the said seven issues the relevant and important issue is Issue No. 6 which relates to the gift deed dated, 12th July, 1932 Exh. 4. The issue is, whether the gift deed executed by Misri Singh in favour of Bechani Kunwar is legal valid and effective? Issue No. 5 is whether the parti