The court affirmed the validity of a gift deed executed by a minor's grandmother, ruling it was properly attested and accepted by the minor's father as her natural guardian.

JUDGMENT :

BISWAJIT PALIT, J.

This appeal is preferred under Section 96 of CPC challenging the judgment dated 09.03.2021 and decree dated 15.03.2021 delivered by Learned Civil Judge, Senior Division, Court No.2, Udaipur, Gomati District in connection with case No.T.S.38 of 2016.

02. Heard Learned Counsel, Mr. Suman Bhattacharjee appearing on behalf of the appellant-defendant No.1(ii) and also heard Learned Senior Counsel, Mr. B. N. Majumder assisted by Learned Counsel Mr. K. Deb, Mr. E. Debbarma and Ms. R. Majumder appearing on behalf of the respondent-plaintiff. Learned Counsel, Mr. B. Banerjee also appeared on behalf of the respondent-defendant Nos.1(iii)-(vii).

03. Before proceeding with the merit of the appeal, let us discuss about the subject matter of the dispute amongst the rival parties. The respondent-plaintiff filed one suit for declaration and recovery of possession of the suit land measuring 0.084 acres appertaining to Khatian No.1870 under Mouja- Udaipur as described in the schedule of the plaint before the Court of Learned Civil Judge (Sr. Div.). The respondent-plaintiff, being a minor instituted the suit through her father before the Learned Trial Court Sri Nitai Lal Saha as a natural guardian and next friend with a prayer for declaration of title over the suit land, recovery of possession thereof with further claim for mesne profits against the original defendant Sikha Rani Saha (since dead). The case of the respondent-plaintiff was that the original defendant Sikha Rani Saha (since dead) who was her grandmother was the owner of the aforesaid suit property. On 17.04.2009 said Sikha Rani Saha executed a deed of gift in favour of the plaintiff gifting the suit property in her favour. The gift deed was registered at the house of the principal defendant on commission. Since the respondent-plaintiff was on that relevant point of time a minor, so, the gift was accepted by her father Sri Nitai Lal Saha on her behalf. After execution of the gift deed, Sikha Rani Saha also delivered possession of the suit property to the plaintiff which was accepted by her father as her natural guardian. As the plot of land is attached to the residential plot of the original defendant, so, it remained under the constructive possession of the respondent-plaintiff through the original defendant Sikha Rani Saha as she allowed said Sikha Rani Saha being her grandmother to utilize the land for the purpose of growing plants and vegetables. After few months of execution of deed of gift when the respondent-plaintiff through her father applied for mutation of the suit land before the Revenue Authority that time it was denied on the ground that the respondent-plaintiff did not have possession over the suit land and her appeal against such order of refusal is pending. It was also the case of the respondent-plaintiff that said Sikha Rani Saha in collusion with other near relatives and pressure from daughters started showing hostile title to the suit property and also started declaring that the principal defendant did not execute any such gift deed and the father of the respondent-plaintiff got some signatures on some stamp papers and by pressurizing her got the gift deed executed. The original defendant before the Learned Trial Court contested the suit by filing written statement denying the assertions of the respondent-plaintiff and also took the plea that the suit was not maintainable, the description of the suit property was not proper and it was not properly stamped. It was further asserted that she never executed any gift deed in favour of the plaintiff nor she handed over possession of the suit land to the plaintiff. Further, according to the principal defendant of the original suit, Nitai Lal Saha, the father of the respondent-plaintiff is her younger son and on his invitation she, i.e. the principal defendant and her husband went to Aurangabad to stay therein for a considerable period and during that period, Nitai Saha took all care of his pare