NARENDRA NATH TIWARI, J. - (1.) THE appellant was the defendant No. 2.
(2.) THIS second appeal has been preferred against the judgment and decree of the affirmance passed by learned 7th Additional Judicial Commissioner, Ranchi in Title Appeal No. 58 of 1999. The plaintiff/respondent No. 2 had filed suit, being Title Suit No. 175 of 1996, claiming 1/3rd share in Schedule 'A' property of the suit. According to the plaintiffs case, the suit property is ancestral and the plaintiff being the co -sharer has got 1/3rd share. The defendant No. 1 is father and defendant No. 2 is brother. He claimed that the suit property was still joint and that the defendant No. 2 was causing disturbance in enjoying the joint property.
(3.) THE suit was contested by the respondents, stating, inter alia, that the suit, In the garb, is for declaration of title and confirmation of possession. The plaintiff is KATHBETA i.e. son from previous husband of the wife of the defendant No. 1. The plaintiff has got executed a deed of gift dated 15th May, 1990 by practicing fraud on the defendant No. 1. The said deed of gift is Illegal and inoperative. In view of the said pleadings of the parties, issues were framed by the learned Court below. Both the parties led their evidences, oral as well as documentary.;