1. Leave granted.

2. This appeal challenges the judgment and order dated 03-11-2017 passed by the High Court of Judicature at Patna in Second Appeal No. 333/2017.

3. By registered gift deed dated 01.12.1998, one Yadunandan Mistri, who was issueless, gifted an extent of 2.92 acres of land in favour of the second respondent, the wife of his nephew, on the assumption that his nephew i.e. the first respondent would take care of Yadunandan and his wife in their old age.

4. However, finding himself to be victim of fraud and undue influence, said Yadunandan immediately sought to cancel the gift vide cancellation deed dated 12.12.1998.

5. A Bajidawa was later executed by the first respondent relinquishing the claim over the property given vide deed of gift dated 01.12.1998.

6. Since despite said Bajidawa, the land was not made over, Civil Suit No. 41/2001 (renumbered as 148/2001) was filed by said