K.N. Srivastava, J. - (1.) This is an appeal against the judgment and decreed passed by the Civil Judge, Etah..
(2.) The facts giving rise to this appeal are as follows : The plaintiffs filed the suit with the allegation that there was a Mandir in which the grand father of plaintiff No. 2 had constructed and installed the deity of Shri Dauji Maharaj. Certain property was dedicated to this deity., The plaintiff No. 2 was the Sarvarakar of plaintiff No. 1 of the dedicated property .Earlier, he had executed a gift deed in favour of some other persons. According to the defendant No. 2, Swami Nardanand Saraswati was his Guru and he was managing certain Trust Properties at Nimsar. The plaintiff No. 2 was under the influence of Swami Nardanand, who being his Guru was in a position to dominate his will. Swami Nardanand, therefore, virtually got a gift deed dated 15th of July 1965 executed by him making a gift of the endowed property in favour of Siksha Sudhar Samiti, of which Sri Nardanand was Manager. On the ground of fraud and the fact that the property being an endowed property could not be transferred by plaintiff No. 2 by gift deed dated 15th July 1965, in favour of defendant No. 1, it was prayed that the gift deed be cancelled.
(3.) The suit was contested by defendant No. 1 who pleaded that the plaintiff No. 2 executed the gift deed with full understanding and free sweet will, and without any fraud or undue influence and, therefore, it was not liable to be cancelled.;