Chakradhari Sharan Singh, J.

The appellant, in the present appeal under section 100 of the Code of Civil Procedure assails the judgment and decree dated 18.02.2002, passed by learned VIth Additional District Judge, Patna in T.A. No. 162 of 1996, whereby he has confirmed the judgment and decree dated 07.09.1996, passed by learned Munsif Ist, Patna, in T.S. No. 38 of 1990.

2. The appellant was defendant No.1 before the trial Court. The suit was filed by Respondent No.1 and others seeking a declaration of their title over the Schedule II of the plaint and also for a declaration that the deed of gift dated 12.08.1991, executed by Ash Kuer (Defendant No.4) in favour of the appellant was fraudulent, illegal, null and void, inoperative, ineffective, unauthorized and not binding on the plaintiff and the defendant and that the appellant had not acquired title and possession over the aforesaid gifted property on the basis of the said gift deed dated 12.08.1991.

3. The suit property has been described in Schedule II of the plaint as follows:-

"Schedule-II

Agricultural lands measuring 80 (Eighty) decimals situated at Mauya Karai, P.S. Masaurohi Distt. Patna described below:-

Khata no.	Plot no.	Area	Boundary
749	2482	49 dec	North:- Mahender Singh South:- Satyender Singh East:- Navinder Singh West:- Ambika Singh Ramasis Lateron
652	2574	47 dec	North:- Birendra

  

Total 80 Decimal

South:-Munna Sope & others East:- Birjinder Singh West:- Binod Singh"

4. For the purpose of clarity, the parties are being described in the present judgment and order as per their position before the trial court.

Case of the Plaintiff

5. According to the plaintiff's case, one Munsi Singh had three sons, namely, Shyam Nandan Singh, Deonandan Singh and Girija Nandan Singh and a daughter Chandrakali Devi. Ash Kuer (Defendant No.4) (since deceased) was wife of Deonandan Singh, who predeceased her husband. Deonandan Singh and Ash Kuer had three sons, namely, Ram Khelawan Singh, Ram Ashish Singh and Narendar Prasad Singh and two daughters, namely, Urmila Devi and Sita Devi. Sons of Munsi Singh had inherited ancestral properties and the property as described in Schedule II, which Munsi Singh had purchased in the name of his wife Ash Kuer (defendant No.4) between 1941 to 1958, having total area of 2.33 acres. The said 2.33 acres of land was joint family property and in 1982 there had been partition among sons of Munsi Singh through deed of partition dated 23.08.1982 being Ext.4/a. Further, it was the case of the plaintiff that Deonandan Singh, his wife and his three sons had appointed three punchas for partition of their properties on 13.12.1987 (ext.2) and there had been partition vide Ext.4 dated 14.12.1987, with the intervention of the punchas in which Schedule II property along with other properties were allotted to the plaintiffs and certain other properties were separately allotted to his brother Narendra Prasad Singh (defendant No.1 (appellant herein)). A memorandum of partition was accordingly prepared on 14.12.1987, which was duly signed by the parties and the punchas. Ash Kuer (defendant No.4) has put her LTI on the memorandum of partition so prepared, which was duly acted upon, based on which the plaintiff came in actual physical and cultivating possession of Schedule II land and as such they were exclusive owners and possessors thereof. As the defendants caused obstructions and attempted to take forcible possession over the Schedule II land, the same gave the plaintiffs cause of action leading to filing of the suit. It transpires that after filing of the suit, the plaintiff had filed a petition for temporary injunction for restraining the defendant no.4 from transferring the suit property described in Schedule II, whereupon the trial Court had passed an order dated 08.0