The main legal point established in the judgment is that the gift deeds were voidable documents and the Plaintiff, being the reversioner, could have challenged them within the limitation period. The court also found that the sale deeds were not void due to the conclusion of the consolidation proceedings and the distribution of records of rights to the landowners.

Mungeshwar Sahoo, J.

1. The Defendants have filed this First Appeal against the Judgment and Decree dated, 24th February, 2007 passed by Sri Nagendra Prasad Tripathi, the learned Sub-Judge, Buxar in Title Suit No. 58 of 1989 decreeing the Plaintiffs suit.

2. Mostt. Indrasna Kunwar filed the aforesaid suit for declaration that the two gift deed dated, 27th January, 1955 executed by her mother, Fulbaso Kunwar in favour of her (Indrasna Kunwar) and her son, Ramendra Krishna Singh with respect to Schedule 1 land of the plaint and 21 sale deeds executed by the Defendant-Appellant, Mostt. Jagrano Kunwar in favour of Defendant Nos. 2 to 11 with respect to Schedule 2 land of the plaint are fraudulent without any right title and null and void. The Plaintiff also sought relief for permanent injunction. It may be mentioned here that during pendency of the suit, the original Plaintiff died and she was substituted by her legal representatives.

3. The Plaintiffs claimed the aforesaid relief on facts inter alia that the disputed land belonged to Ram Ratan Singh who had a son Nathuni Singh and a daughter, Indrasna Kunwar (the original Plaintiff). Indrasna Kunwar had 4 daughters and one son, namely, Rajwanshi Devi, Lalmuni Devi, Nirmala Devi, Ramla Devi and Ramendra Krishna Singh.The owner Ram Ratan Singh died in the year 1953 leaving behind his widow, Mostt. Fulbaso Kunwar and son Nathuni Singh. The husband of the Plaintiff, namely, Brij Bihari Singh was looking after Fulbaso Kunwar and her entire affairs. Brij Bihari Singh was a cunning man and exercising undue influence procure two deeds of gifts in favour of his wife, Indrasna Kunwar, i.e., Plaintiff and his son Ramendra Krishna Singh on 27th January, 1955. Mostt. Fulbaso Kunwar had no right to execute any deed of gift. Mostt. Fulbaso Kunwar died in the year 1958 leaving behind her son, Nathuni Singh and her daughter, Indrasna Kunwar. Ramendra Krishna Singh also died after gift in the year 1955-56 leaving behind Jagrano Kunwar, the Defendant-Appellant No. 1. On the death of Ram Ratan Singh in the year 1953, Fulbaso Kunwar and Nathuni Singh inherited half and half and on the death of Fulbaso Kunwar in the year 1958, her half share devolved on the Plaintiff and the other half share devolved on Nathuni Singh. Therefore, the Plaintiff inherited 1/4th share and Nathuni Singh became the owner of 3/4th share. Nathuni Singh died unmarried in the year 1968 leaving behind the Plaintiff alone who became the absolute owner of the entire property.

4. The further case is that Mostt. Fulbaso Kunwar had no right to execute deeds of gift in favour of Plaintiff and Plaintiffs son in the year 1955, therefore, on the death of her son, Ramendra Krishna Singh, the Defendant No. 1, Jagrano Kunwar did not acquire any title or interest in the disputed land but without any right title and interest and without taking permission of the consolidation Authority, Jagrano Kunwar executed and registered 21 sale deeds on 12th May, 1989 in favour of Defendant Nos. 2 to 11 and, therefore, the sale deeds are illegal, null and void.

5. On being noticed, the Defendants filed contesting written statement. According to the Defendants, their main defence is that suit is hopelessly barred by law of limitation. The execution of gift deed by Fulbaso Kunwar was because of undue influence by Brij Bihari Singh is denied. Fulbaso Kunwar was pleased with the service of Plaintiff and her son Ramendra Krishna Singh gifted her entire property to them and the Plaintiff and her son accepted the gift and came in possession thereof. With the consent of the Plaintiff, Mostt. Fulbaso Kunwar executed the two gift deeds on 27th January, 1955 without any favour or influence of any body. After coming into possession, the Plaintiff started transferring her gifted land accepting the gift as valid and genuine and after the death of Ramendra Krishna Singh, his wife Jagrano Kunwar came in possession of the property of her husband. During life time