Decided on May 17,2007

Kundan Singh (since deceased) Appellant
Balam Singh (since deceased) and Ors. Respondents


Prafulla C. Pant, J. - (1.)THIS appeal, preferred under Section 100 of Code of Civil Procedure, 1908, is directed against the judgment and decree dated 04 -06 -1976, passed by learned District Judge, Tehri Garhwal, in civil appeal No. 78 of 1971 (UK), whereby the appeal is dismissed and the judgment and decree dated 08 -11 -1971, passed by Munsif, Tehri Garhwal (Camp Uttarkashi), in suit No. 75 of 1970, is upheld.
(2.)HEARD learned Counsel for the parties and perused the record. Factual matrix of the case is that Plaintiff instituted aforesaid suit No. 75 of 1970, in the court of Munsif, Tehri Garhwal, for cancellation of gift deed dated 19 -01 -1970 (registered on 02 -02 -1970), executed by Defendant No. 1 in favour of Defendant No. 2. It is pleaded by the Plaintiff that the Plaintiff and Defendant No. 1 are joint owners of the property in suit, situated in Mauza Barkot. The said property was never partitioned. However, the Defendant No. 1 projected himself to be the owner of the entire property and executed the impugned gift deed in respect thereof. It is alleged by the Plaintiff that no permission of Darbar of Raja Tehri was obtained before executing the gift deed. Alleging that the gift deed in question is void, the Plaintiff sought relief of cancellation of sale deed.
(3.)DEFENDANTS contested the suit and filed written statement. It is pleaded in the written statement that Plaintiff is not the joint owner in the property in question and the impugned gift deed does not suffer from any illegality. It is further pleaded in the written statement, filed on behalf of the Defendants that there was no need of obtaining permission of the Darbar of Raja of Tehri, for executing the gift deed.

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