P.K.Biswas, J. - (1.) The present appeal is directed against the judgment and decree dated 31st July, 1978 passed by Sri A.K. Chakraborty, the learned Additional District Judge at Midnapore in Title Appeal No. 139 of 1977 affirming those dated 30th May, 1977 passed by Sri R.K. Ghose, Munsif at Danton in Title Suit No. 70 of 1974. The suit before the lower Court was filed seeking for declaration and injunction. The trial Judge after contested hearing was pleased to pass the decree in favour of the plaintiff/respondent and accordingly granted decree for declaration and permanent injunction in his favour.
(2.) The substantial question of law for determination of the present appeal was formulated as under:-- "Whether or not, the impugned deed of gift, allegedly executed by the plaintiff in favour of the defendant No. 1 was the mental and conscious act of the plaintiff and as to whether said deed was obtained by fraud, misrepresentation, coercion and undue influence or not."
(3.) For the purpose of the present appeal, the case appearing in the plaint may be summarised as follows:--;