Original plaintiff Late Girja Devi and her daughter Rukmini Devi brought title Suit No.143 of 1987 against the appellants for declaration that the registered deed of gift executed by Chamru Sah in favour of appellant Radha Sah on 03.06.1977 and registered deed of gift dated 19.07.1977 executed by Smt. Tulni Devi first wife of Chamru Sah in favour of the defendants-appellants in respect of Schedule-C property are quite illegal, invalid and not binding upon the plaintiffs.

2. The case and claim of the plaintiffs as disclosed in the plaint is that one Halkhori Sah had two sons Chamru Sah and Radha Sah. (It is worth to mention here that Radha Sah, his wife Lalita Devi and his minor son Hari Sewak Sah are defendants of the suit and original appellants herein).

3. Further case is that Chamru Sah was first married with Tulni Devi and after losing hope of any issue from Tulni Devi, Chamru Sahah again married with plaintiff Girja Devi and from the wedlock of Girja Devi he got a daughter Rukmini Devi who was plaintiff No.2 to the suit. The case of the plaintiffs is that Schedule-A property is the joint family property of the plaintiffs and the defendants and from the joint family fun