2021 Supreme(Tri) 19

IN THE HIGH COURT OF TRIPURA AT AGARTALA
ARINDAM LODH, J.
Shri Mouna Brata Sarkar, Son of Late Chitta Ranjan Sarkar - Appellant
Versus
Shri Subrata Sarkar, Son of late Chitta Ranjan Sarkar - Respondent
RFA No.18 of 2018
Decided on : 20-04-2021

Point of Law: Civil Suit - Gift deed - Elements as crystallized in definition of "valuable consideration" ex facie are found to be absent in recitals of gift deed in contra, elements of 'good consideration' predominate recitals of deed executed by the mother of plaintiff, Arati Bala Sarkar and for reasons discussed here-in-above on both points of law and facts.

Headnote:

Code of Civil Procedure, 1908 - Section 96 - Transfer of Property Act - Section 122, 5 - Contract Act - Section 2 - Suit for declaration of title - Recovery of possession of suit land - Plaintiff-respondent, instituted suit for declaration of title and recovery of possession of suit land from defendant- appellants - It is pleaded case of plaintiff that he purchased entire 'A' schedule land including suit land -Defendant Nos.1 and 2 are brother and sister-in-law of plaintiff - Plaintiff constructed huts and kitchen over land under schedule - Plaintiff also constructed single storey building consisting of two rooms - Defendant No.1 requested him to accommodate him with his spouse in that building - Defendant No.1 also purchased a plot of land from one Kanti Lal Dasgupta to make their own home - But, they were in no mood to shift their place of residence - Mother of plaintiff had transferred land under schedule by dint of a gift deed - Mother was not satisfied with activities and behaviour of defendants and expressed that if defendants are allowed to stay in same house along with her, then, she would die of mental depression - Plaintiff requested defendants to shift their place of residence, but they denied - Plaintiff issued a notice upon them to vacate rooms under their possession - But, they neither vacated nor replied to notice - Defendants never spent a coin for benefit of their mother - Defendants have been occupying three rooms forcibly - Since they denied to vacate building and rooms therein, cause of action of filing instant suit arose - It has further been pleaded that defendant No.2 being in service in administrative department of Government of Tripura had made a mischievous attempt to prevent plaintiff from recording his name as 'raiyaf in record of right in a mutation proceeding - Defendants appeared and contested suit by filing written statement stating that suit is barred by limitation and suit land was jointly purchased by plaintiff and defendant No.1 in name of their mother and constructed house thereon - Defendants have asserted that taking advantage of simplicity and innocence of an old woman, plaintiff managed to obtain gift-deed for his wrongful gain - Said gift deed was nothing but a mere paper transaction.

Finding of the court: Court find no apparent material to consume that at desire of plaintiff, his mother promised to return suit land in his favour as and when plaintiff would raise demand for such transfer - Even, no such question was put forth to plaintiff in regard to this fact - There is no evidence that plaintiff had ever demanded return of suit land from his mother, to fulfil her promise as argued by counsel for appellants - Court have perused evidence and materials on record afresh - Sale deed as well as gift deed have properly been proved in accordance with established procedure of law - Defendants have failed to plead that any fraud was committed in execution and registration of gift deed - There is no evidence that Arati Bala Sarkar, executed and registered gift geed under any undue influence or coercion - Attesting witnesses have confirmed execution of gift deed - There is necessary endorsement, and being satisfied with proper execution of deed, competent authority, registered deed of gift which has been accepted by plaintiff being a done - Elements as crystallized in definition of "valuable consideration" ex facie are found to be absent in recitals of gift deed in contra, elements of 'good consideration' predominate recitals of deed executed by mother of plaintiff, and for reasons discussed here-in-above on both points of law and facts, Court find no merit in appeal, and accordingly, appeal stands dismissed - Judgment and decree of Trial Court is affirmed and upheld.

Result: Appeal Dismissed