Law: Specific Relief Act, 1877

Section: 8,42,54

Law: Specific Relief Act, 1877

Section: 8,42,54

Law: Limitation Act, 1908

Section: 120

Specific Relief Act (I of 1877)-------Ss. 8, 42 & 54---Limitation Act (IX of 1908), Art. 120---Suit for declaration, recovery of possession and perpetual injunction---Plaintiff claimed suit property to have been gifted to him by his deceased mother (donor) through gift deed dated 22-11-1986, thus, her inheritance mutation was wrongly attested on 29-3-1987---Proof---Deed Writer being an Advocate not having Register regarding deeds deposed as plaintiffs witness that he had scribed Gift Deed at plaintiffs directions, but in absence of donor, who was sitting away from his office in plaintiffs motorcar; and that serial number appearing on gift deed had not been written by him---Such statement of Deed Writer was materially negated by plaintiff and marginal witness of gift deed---Evidence on record showed that on very next day after executing alleged gift deed, donor was got admitted in Hospital, whereafter four days she was shifted to Intensive Care Unit and died there on same day---Death certificate of donor showed that in crucial days she was suffering from mortal sickness, thus, she could not be expected to understand signing of gift deed---Death of donor within six (6) days (i.e. on 27-11-1986) after execution of gift deed on 22-11-1986 had created a serious dint in plaintiffs case and doubt in respect of its execution rendering same to be invalid---Contents of conceding written statement filed by one defendant (plaintiffs brother) had not only been denied by him subsequently, but had not been corroborated by evidence on record---Inheritance mutation of donor had been entered and attested at instance of such brother of plaintiff, but at time of its attestation, he had not introduced factum of gift deed by his mother in favour of plaintiff---According to son of said brother of plaintiff, his father had informed plaintiff about attestation of mutation---Plaintiff had arranged and produced gift deed after 23 years and never challenged inheritance suit earlier, but filed suit on 26-1-2010 on basis of gift deed, when other legal heirs of deceased donor made application dated 31-10-2010 to Deputy Commissioner for partition of suit land---Nothing on record to show…

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