The burden of proving the genuineness of a transaction is on the party in a position of active confidence, especially when a fiduciary relationship exists.

1. This appeal has been preferred by the defendants-appellants (hereinafter referred to as the defendants) against the judgment and decree dated 28.4.2010 and 11.5.2010 respectively passed by the Sub Judge I, Bhojpur at Ara in Title suit no. 641/2007 by which and whereunder he decreed the suit filed on behalf of the plaintiffs-respondents (hereinafter referred to as the plaintiffs) and accordingly, declared registered gift deed dated 4.8.2001 as forged and fabricated and not binding upon the plaintiffs.

2. Plaintiffs brought Title suit no. 641/2007 against the defendants and sought reliefs for declaration of gift deed dated 4.8.2001 as forged and fabricated and not binding upon them and also for grant of interim injunction restraining the defendants not to interfere into their peaceful possession.

3. The case of the plaintiffs is that one Hanuman Pandey had four sons, namely, Bajrangi Pandey, Ramlal Pandey, Rajendra Pandey and Vikrama Pandey. Bajrangi Pandey had two sons, namely, Mahendra Pandey and Viswanath Pandey who are defendant nos.1 and 2 of the suit. Ramlal Pandey had two wives. Plaintiff no.2, namely, Janki Devi was born from first wife of Ramlal Pandey whereas plaintiff no.3, namely, Urmila Devi and one Laxmania Devi were born from second wife of Ramlal Pandey. Plaintiff no.1 is second wife of Ramlal Pandey. The aforesaid Ramlal Pandey died leaving behind his widow plaintiff no.1 and two daughters, plaintiff nos. 2 and 3 as well as two sons of pre-deceased daughter, namely, Laxamina Devi. Rajendra Pandey had one son, namely, Satyadev Pandey who is defendant no.3 of the suit and Vikrama Pandey had two sons, namely, Ramjanam Pandey and Arun Pandey but they have not been made party to the suit as they are not necessary party to the suit. Ramlal Pandey died on 13.6.2001 and his last ritual was performed at his village. Plaintiff no.3, namely, Urmila Devi used to reside at her parental village along with her mother. Further case of the plaintiffs is that defendants took plaintiff nos. 1 and 3 to Ara on 4.8.2001 on the pretext to get prepared paper of family pension of plaintiff no. 1 and in that course, they took thumb impressions of plaintiff nos. 1 and 3 on several papers and by playing fraud on plaintiff nos. 1 and 3 got executed a gift deed. Further case of plaintiffs is that Ramlal Pandey was separate from his brothers and he had acquired disputed land as his self-acquired property. Brothers of Ramlal Pandey wanted to grab his property and that is the reason, they having entered into connivance with each others fraudulently got executed gift deed. Further case of plaintiffs is that husband of plaintiff no.3 was in job at Bombay and in the month of May, 2007, when he came to village Lohar, he learnt about the above stated forged gift deed and thereafter, he enquired from villagers and witnesses of the aforesaid gift deed but villagers and witnesses of the gift deed did not disclose the exact date and year of the aforesaid gift deed. However, after hectic search, he got certified copy of the gift deed in the month of June, 2007 and thereafter, the aforesaid certified copy of the gift deed was shown to defendants. The defendants accepted their fault and agreed to execute relinquishment deed. Husband of plaintiff no.3 went to Bombay but defendants did not execute any relinquishment deed and again, husband of plaintiff no.3 came to village and asked defendants to execute relinquishment deed but defendants refused to execute any relinquishment deed and thereafter, plaintiffs brought the above stated suit.

4. The defendants appeared in the aforesaid suit and contested the suit by filing written statement in which they denied the pleadings of the plaintiffs and specifically, stated that Ramlal Pandey had only one wife, namely, Shanti Devi who is the plaintiff no.1 and only one daughter, namely, Urmila Devi, plaintiff no.3 and two sons namely, Munna Pandey and Tunna Pandey but unfortunately, both sons of Ramlal Pandey