IN THE HIGH COURT OF JUDICATURE AT PATNA SECOND APPEAL No.89 of 1989 ======================================================

Sri Bindeshwar Prasad Singh Son of Late Ram Ekbal Singh, Resident of Village - Nawadiha, P.O. Saidpur, P.S. Sonapur, District- Saran.

... ... Defendant-Appellant-Appellant Versus

1. Smt. Deopari Devi D/o late Shri Abhay Narayan Singh, Wife of Shri Raghunath Singh, Resident of Village Masarh, Police Station Udant Nagar, District Shahabad now Bhojpur.

2. Smt. Rampari Devi D/o late Abhay Narain Singh, Wife of Shri Brahmdeo Singh, Resident of Village Bhareshra, Police Station Bichala, Jagdishpur, District Shahabad now Bhojpur.

…….Plaintiffs-Respondents-Respondents

3. Sri Akhleshwar Prasad Singh Son of Late Ram Ekbal Singh, Resident of Mohalla Bartan, P.O. Dhanbad District- Dhanbad.

4. Shanti Singh Wife of Sri Gangadhar Singh, D/o Late Ram Ekbal Singh, Resident of Mohalla Kazipur, P.O. Bankipur, P.S. Kadam Kuan, District-

Patna.

5. Smt. Kanti Singh Wife of Sheo Narayan Singh, D/o late Ram Ekbal Singh, Resident of Mohalla L.I.C. Colony, P.O. Chitragupta Nagar, P.S.

Kankarbagh, District- Patna.

... ... Heirs of Defendant-Heirs of Appellant—Heirs of Appellant ======================================================

Appearance :

For the Appellant/s : Mr. Jyotindra Pratap Singh, Advocate For the Respondent/s : Mr. Girijanand Prasad, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN

ORAL JUDGMENT

Date : 06-01-2026 Suit Valued at : Rs.6000/- Appeal Value at : Rs.6000/-

The present second appeal has been filed against the judgment and decree passed and prepared on 17.08.1988 and 02.09.1988 respectively, by 2^nd Additional District Judge, Saran at Chapra in Title Appeal No.165 of 1981/16 of 1987, affirming the judgment and decree dated 14.08.1981, passed by the 6^th Additional Sub-ordinate Judge, Saran in Title Suit No.69 of

1976/61 of 1981.

2. This second appeal has been filed against the concurrent judgment and decree passed by the original Court and the appellate Court. The sole appellant, who preferred the present memorandum of appeal, died on 17.09.1997 leaving behind his four heirs and legal representatives. His heirs and legal representatives had been substituted. One of his heir and legal representative has been added as appellant in the present appeal, but his other heirs and legal representatives have been permitted to add as respondent Nos.3 to 5 vide order dated 20.05.1998. Appeal notice was validly served upon the respondents and then the present appeal has been fixed under the heading for final hearing, before Hon’ble Bench. Subsequently, vide order dated 01.07.2024, this second appeal has been fixed for ex parte hearing under the provisions of Order 41 Rule 17(2) of the Code of Civil Procedure, 1908. Learned Counsel has pleased to argue this matter and also filed written argument on the substantial question of law framed.

3. Counsel for the appellant submits that the original plaintiffs (present respondent Nos.1 & 2) filed a suit for declaration that the deed of gift dated 21.09.1972, Exhibit-B, executed by the plaintiffs in favour of the defendant was declared null and void, inoperative and not binding upon the plaintiff and further prayer has been made for cancellation and setting aside the alleged deed dated 21.09.1972.

4. The case of plaintiffs-respondents-respondents Nos.1 and 2, in brief, is that the plaintiff Masomat Mahajan Kunwar’s husband Abhay Narayan Singh died on 13.09.1972 leaving behind his widow Masomat Mahajan Kunwar and two daughters as his only heirs and legal representatives, who inherited and came into possession of the entire property of Abhay Narayan Singh including the residential house, which is the subject matter of the present dispute, i.e., impugned deed of gift dated 21.09.1972, in which they were living since life time of Abhay Narayan Singh. It has been further contended that defendant Ram Ekbal Singh being the neighbour started pretendin