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High Court of Patna
Gurusharan Sharma, J.
Sheo Narayan Singh – Petitioner
Vs.
Bala Singh – Respondent
S.A. No. 192 of 1996
Decided On : 11.2.1999
Order - Code of Civil Procedure - The court disposed of the appeal under Order 41, Rule 11 of the Code of Civil Procedure. The appeal concerned a dispute over a deed of gift and the validity of the same, as well as the date of death of the deceased, which was crucial in determining the applicability of the Hindu Women's Right to Property Act, 1937.
Fact of the Case:
The appeal involved a dispute over a deed of gift executed by Mostt. Moleshara in favor of Shea Narayan Singh, and a challenge to the validity of the deed by Bala Singh. The courts below determined the date of death of Ramkhelawan Singh, which was crucial in determining the applicability of the Hindu Women's Right to Property Act, 1937.
Finding of the Court:
The court found that the court of appeal below erred in holding the deed of gift to be invalid, and therefore set aside the judgment and decree of the first appellate court and confirmed the trial court's judgment and decree.
Issues: The key issues in the case included the validity of the deed of gift, the date of death of Ramkhelawan Singh, and the applicability of the Hindu Women's Right to Property Act, 1937.
Ratio Decidendi: The court's decision was influenced by the evidence presented, including the examination of the scribe and attesting witness of the deed of gift, as well as the sale deed executed by the defendant in favor of the plaintiff, which demonstrated the plaintiff's purchase of part of the suit land.
Final Decision: The appeal was allowed and the suit was decreed in favor of the plaintiff.
Heard the parties and with their consent this appeal is disposed of under Order 41, Rule 11 of the Code of Civil Procedure.
2. One Ramkhelawan Singh left behind his widow, Mostt. Moleshara, son Bala Singh and a daughter. Mostt. Moleshra executed a deed of gift dated 10.5.1976 in favour of Shea Narayan Singh, said to be her daughter's son in respect of the lands, detailed in schedule 'ka' to the plaint. Bala Singh filed Title Suit No. 28 of 1979 for declaration of the said deed of gift to be forged, fabricated and void. On the dispute regarding the years of death of Ramkhelawan Singh, whether in 1935 or 1945, both the courts below concurrently held that he died in 1945 i.e. after coming into force of the Hindu Women's Right to Property Act, 1937.
3. The defendant also examined the scribe and attesting witness of the said deed, Ext. A to prove execution thereof by Mostt. Moleshara. A sale deed, Ext. C dated 7.12.1978, executed by the defendant in favour of the plaintiff in respect of part of the Schedule 'ka' land i.e. part of the land covered under Ext. A was also brought on record to show that the plaintiff himself had purchased part of the suit land.
4. In such circumstances, I find that the court of appeal below erred in holding Ext. A to be invalid. I therefore, set aside the impugned judgment and decree of the first appellate court and confirm the trial court's judgment and decree.
5. In the result, the appeal is allowed and the suit is decreed.
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