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1951 Supreme(All) 116

MISRA, BEG
RAM RAO SINGH – Appellant
Versus
AJODHYA PD. SINGH – Respondent


Advocates Appeared:
M.P.Srivastava, R.B.LAL

MISRA, J.

( 1 ) THIS is a second appeal by some of the defts. in a suit for possession of certain shares in village Goendi, district Faizabad.

( 2 ) THE case of the plff. Jaskaran Shukul (who has since died and is now represented by his legal heirs) was founded upon a permanent lease executed by Mahesh Singh, deft. 5 on 23-11-1940. The latter had already transferred the property under a registered deed of gift dated 15-12-1939 to his three sons, namely, Ram Res Singh, deft. 1, Ram Bahadur Singh, deft. 2 and Sheo Bahadur singh. deft. 3 and his wife, Mt. Lekhraji. Mahesh Singh and his sons were members of a joint Hindu family and the property covered by the deed of gift was ancestral. The suit was resisted by the donees on the basis of the transfer in their favour. The plff. had anticipated the defence and pleaded in para 3 that the gift was fictitious and void adding that the document was legally invalid and ineffective against the plff. and other creditors that it was executed with the object of defeating and delaying creditors that the deed purported to give away the entire property which Mahesh singh possessed and that on the basis thereof no right accrued to defts. 1 to 4. The t






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