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1982 Supreme(All) 616

DEOKI NANDAN
Munni Devi – Appellant
Versus
Chhoti – Respondent


Advocates:
V.M. Sahai and R.C. Srivastava, for Appellant; R.B. Mehrotra, for Respondents.

JUDGMENT :- This is a defendants Second Appeal in a suit for cancellation of a gift-deed executed by the plaintiff-respondent in favour of the appellant in the year 1963, and, in the alternative for the award of maintenance at the rate of Rs. 50/- per month. The plaintiff-respondent is the appellants mother. The appellant is her only issue. After the gift, the plaintiff-respondent was left with some four bighas of land, but that she is said to have sold to her brother and that sale seems to have been the cause of the present litigation.

2. It was alleged in the plaint that, being the only daughter, the defendant-appellant lived with the plaintiff-respondent and served and flattered her and promised to look alter her throughout her life. The plaintiff was made to believe that there may be trouble about the inheritance of the land after her death, and In view of the promise that the defendant-appellant would look after the plaintiff throughout her life, and the fear that there may be trouble about the property after her death, she made a gift of the property in suit to the defendant on 6th Dec. 1963. The suit was filed on 31st May, 1969, and the plaint proceeds on to allege that some



















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