RAM SAKAL SINGH versus MOSAMAT MONAKE DEVI (DEAD) AND ORS.

RAM SAKAL SINGH versus MOSAMAT MONAKE DEVI (DEAD) AND ORS.

Declaration by appellate court that gift deed dated December 4, 1959 was voidable is justified; civil court had jurisdiction as document was not void but voidable; suit did not abate under Section 4(1)(c) of Bihar Act; purchaser acquired valid title under subsequent sale deed; relief for declaration of voidability is main relief, title and possession consequential; civil court must grant all such reliefs.

Parties
Appellant: Ram Sakal Singh; Respondents: Mosamat Monake Devi (Dead) and Ors.
Jurisdiction
India
Judgment Date
21 February 1997
Procedural Posture
Civil Appeal / Appeal From Patna High Court Second Appeal in Limine (civil Appeal No. 1441 of 1986)
Outcome
Appeal dismissed
Legal Topics
Jurisdiction of Civil Court, Abatement of Proceedings, Voidable Documents, Gift Deed, Declaration of Title, Bihar Consolidation of Holdings and Prevention of Fragmentation Act 1956
Property Law Civil Procedure Jurisdiction of Civil Court Abatement of Proceedings Voidable Documents Gift Deed Declaration of Title Bihar Consolidation of Holdings and Prevention of Fragmentation Act 1956

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Parties

Ram Sakal Singh

Appellant

Mosamat Monake Devi (Dead) and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Patna High Court Second Appeal in Limine (civil Appeal No. 1441 of 1986)

Legal Issues

  1. 1 Whether civil court has jurisdiction to adjudicate and declare a voidable gift deed within the notification area under Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956
  2. 2 Whether suit abated under Section 4(1)(c) of the Act
  3. 3 Procedural effect of death of respondents during appeal

Ratio Decidendi

Declaration by appellate court that gift deed dated December 4, 1959 was voidable is justified; civil court had jurisdiction as document was not void but voidable; suit did not abate under Section 4(1)(c) of Bihar Act; purchaser acquired valid title under subsequent sale deed; relief for declaration of voidability is main relief, title and possession consequential; civil court must grant all such reliefs.

Court Disposition

Appeal dismissed

Orders

  • Declaration that gift deed dated December 4, 1959 is voidable and cancelled
  • Plaintiffs entitled to possession of suit lands