1. Heard Mr. D. K. Sinha, learned Sr. Counsel appearing on behalf of the appellants.

2. This appeal has been filed against the judgment and decree dated 9th April,. 2009 passed by the Additional District Judge, Fast Track Court No. 1, Aurangabad, reversing the judgment and decree dated 9-7-2002 passed by Sub-Judge-V, Aurangabad, in Title Suit No. 189/91/36/2000.

3. The plaintiffs have filed the suit for declaration that the deed of gift dated 27-1-1989 executed by Ambika Singh in favour of the defendants is illegal document and not binding upon the plaintiffs. Bereft of details it would be suffice to mention here that one Bharosa Singh had executed a gift of deed in favour of Rasdhari Singh who was the predecessor of the plaintiffs. As the said gift of deed of the year 1919 was exclusively in the name of Rasdhari Singh, the plaintiffs have asserted that Ramdhari Singh and his son Ambika Singh did not acquire any right, title and interest in the property covered by the said gift deed. THE plaintiffs have also stated that Ambika Singh had filed Title Suit No. 10 of 1989 for partition of the joint family property including the properties covered by the gift of deed of 1919 and