D. M. DHARMADHIKARI, J.

( 1 ) THE suit filed by the appellants/plaintiffs was dismissed by both the Courts below. The plaintiffs as members of the joint Hindu family claimed a declaration in the suit that the registered gift deed dated 14-4-1969 (Ex. P. 1), executed by defendant No. 1 Bir Bahadur Singh in favour of defendant No. 2 Vishram Singh (who was sister's son of the donor), was invalid in law as the suit land which is the subject matter of the gift was an item of joint Hindu family property and could not be transferred without the consent of the other members of the family as per the Benaras School of Mitakshara Hindu Law, applicable to the Vindhya Pradesh region. The defendants set up a case of partition between the members of the family which was accepted by the lower appellate Court and it was held that Bir Bahadur Singh could validly make a gift of the suit land which was his separate property obtained by him in partition. Apart from the documents in the shape of revenue records and oral evidence of partition, the partition was sought to be proved on the basis of the partition list Ex. D. 2 said to have been prepared by the parties as evidenced by receipt Ex. D. 1 regard

Click Here to Read the rest of this document