PRAMOD KUMAR SRIVASTAVA,J. - (1.) Heard learned counsel for the parties and perused the records.
(2.) In original suit no. 867 of 2009 (Vishva Nath Yadav v. Balli Yadav & others), the paint case in brief was that disput agricultural property is ancestral one, which was earlier owned by grand -father of plaintiff Kauleshwar. After the death of Kauleshwar, his son Balli Yadav (father of plaintiff, and defendant no. -1), plaintiff Shiv Nath Yadav (husband of defendant no. -2 Asharfi Devi) and Kattal @ Surya Nath (husband of defendant no. -3 Kalawati Devi) became co -owners of this property. plaintiff is owner of half of the disput agricultural property but his father Balli Yadav, defendant no. -1 had executed gift -deed of said property in favour of his daughter -in -laws (defendant nos. 2 and 3). Since the plaintiff's father had no right to execute the gift -deed of whole of the disput property, and the plaintiff is owner of half share of this land and is in its joint possession, and since the gift -deed dated 30.05.2009 was executed by defendant no. -1 without his free will and under influence of drug, therefore the plaintiff had filed suit for cancellation of said gift -deed, and also for permanent injunction with prayer that defendants be restrained from interfering in joint possession and user of half share of disput agricultural field and from transferring it in favour of any third person without getting it partitioned.
(3.) After accepting written statement and affording opportunity of hearing to the parties, Civil Judge (J.D.) Mohammadabad Gohna, Mau had decreed the original suit and restrained defendants from interfering in half share of agricultural field and its crops of plaintiff and evicting the plaintiff without getting it partitioned and from transferring any particular share of property in question.;