ALI HASAN MIAN @ ALI HASAN Vs. MOSMAT MARIAN

JUDGEMENT

(1.) Heard Mr. K.N.Chaubey, the learned senior counsel appearing on behalf of the appellants in support of this appeal. This appeal has been filed by the defendant against the judgment and decree dated 26.02.2009 passed by Additional District and Sessions Judge, Fast Track Court-Ill, West Champaran at Bettiah in T.A.No.09/1995 affirming the judgment and decree dated 09.12.1994 passed by Additional Munsif Ml, Bettiah, West Champaran in T.S.No. 82/1990.

(2.) The suit has been filed by the plaintiff for declaration that the defendant no.2, Bibi Shayada is not the daughter of late Rahmat Mian and Bibi Khedaran and further two gift deeds dated 09.12.1987/23.12.1987 and 19.12.1987 executed by Bibi Khedaran in favour of defendant no.1, Ali Hasan Mian and defendant no.2, Bibi Shayada are forged, fabricated and illegal documents. The further consequential relief of injunction has also been prayed for.

(3.) Admittedly, the suit property belonged to Bibi Khedaran. The plaintiff no.1 is the son of Bibi Khedaran who has challenged the two gift deeds claimed by defendant nos. 1 and 2 to have been executed by her in their favour, mainly on the ground that the same had been obtained by the defendant nos. 1 and 2(husband and wife) by playing fraud upon the executant, Bibi Khedaran. It is also the case of the plaintiff that Bibi Khedaran was an old lady and the defendants obtained a thumb impression on sada stamp papers by taking benefit of their friendly and intimate relationship with her when she was terminally ill. The plaintiffs have alleged that the defendants later on fabricated the gift deeds in their favour with regard to the entire property of Bibi Khedaran.