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2006 Supreme(MP) 876

A.K.SHRIVASTAVA
Nanhibai – Appellant
Versus
Govindrao – Respondent


Advocates:
L.N. Sakle and Akshat Tiwari for appellant.

JUDGMENT

1. This second appeal has been filed at the instance of plaintiff whose suit has been dismissed by learned first appellate Court by allowing the appeal of respondent thereby setting aside the judgment and decree of the trial Court decreeining the suit of plaintiff.

2. No exhaustive statement of facts are necessary for disposal of this appeal. Suffice it to state that the plaintiff filed suit for declaring the bakhshisnama (gift deed) dated 6.2.1976 to be null and void and for possession of suit property which is agricultural land. She has also claimed mesne profit. On going through the plaintiff averments, it is gathered that the suit property was gifted to defendant by plaintiff who was owner of the same. The document of gift deed dated 6.2.1976 is a registered document. According to the plaint averments, plaintiff is an illiterate lady and she is literate only to the extent that she could sign. The defendan tunder the pretext that he will carryon 'Puja-Archana' in the temple and for that purpose the suit property be given to him and in case he abandoned the task of 'Puja-Archana' the property in dispute, be given back to the plaintiff. Since the defendant is not

















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