RAMAYAN RAI Vs. MOST BATKI

JUDGEMENT

(1.) THE plaintiff -appellant has preferred this second appeal against the judgment and decree dated 15th November, 1983 passed by the 5th Additional District Judge, Siwan in Title Appeal No. 29 of 1979 dismissing the appeal and affirming the judgment and decree dated 17th January, 1979 passed by the 2nd Additional Subordinate Judge, Gopalganj, in Title Suit No. 74/86 of 1970/75.

(2.) IN short, the relevant facts are that the claim of the plaintiff -appellant is based on a deed of gift dated 29.5.1967 executed by Most. Pawdhariya, who, according to the appellant, was the wife of his first cousin Mahesh Rai, son of Jiw Rai who died leaving behind her. Out of defendants 1 to 3. defendant 1 died in the court below. The said defendants are the first cousins of the plaintiff. According to them, Most. Pawdhariy was not the widow of Mahesh Rai. Actually she was he wife of Jamadar Rai, mother of Langatu Rai and Bindeshwari Rai and grandmother of the plaintiff. After the death of her husband, Most. Pawdhariya lived with her Dewar Mahesh Rai as she was neglected by her sons. Most. Kalahi, who executed sale deed dated 19.5.1967 in favour of defendants 1 to 3 with respect to the land of Mahesh Rai, used to tender her service to Most. Pawdhariya, who was suffering from leprosy since long. According to the defendants, Most. Kalahi is the legally married wife and Santi Devi is legitimate daughter of Mahesh Rai and the marriage of Mahesh Rai with Kalahi was the first and last. It is the case of the defendants that Pawdhariya had no right to transfer the land of Mahesh Rai by means of deed of gift to the plaintiff. It is alleged that the deed of gift is a forged and fabricated document and got executed in order to grab the land of Mahesh Rai and oust Most. Kalahi and her daughter from their right and interest over the suit land.

(3.) THE main issues framed by the trial court were as to whether Pawdhariya or Kalahi is the widow of Mahesh and as to whether Pawdhariya succeeded the suit property being the widow of Mahesh and is the plaintiff in possession of the suit land and the deed of gift executed by her created any right and title to the plaintiff.