Judgment

MITTER, J. : This is an appeal from a judgment and decree of the High Court of Calcutta on a certificate granted by it reversing a decision of the Subordinate Judge of Bankura dismissing the plaintiff s suit for declaring that a deed of settlement (Nirupan Patra) executed by the plaintiff s father and the plaintiff s sister in favour of the plaintiff s brother s son registered on July 22, 1944 in respect of properties situate in village Lokepur was fraudulent, collusive and invalid and for cancellation of the said document. The Judges of the High Court proceeded on the basis that in the circumstances of the case and in view of the relationship of the parties the trial Court should have made a presumption that the donee had influence over the donor and should have asked for proof from the respondents before the High Court that the gift was the spontaneous act of the donor acting under circumstances which enabled him to exercise an independent will and which would justify the Court in holding that the gift was the result of a free exercise of the donor s will. The High Court went on to presume from the great age of the donor that his intelligence or understanding must have de