RAM SAKAL SINGH vs MOSAMAT MONAKO DEVI (DEAD) & ORS.

The Supreme Court upheld the findings of the lower courts that the gift deed executed by Sukhari Singh in favor of the appellant was obtained by fraud and thus was voidable under the Bihar Consolidation of Holding and Prevention of Fragmentation Act, 1956, specifically Section 4(1)(c). The Court ruled that the civil court had jurisdiction to declare the gift deed voidable and that the suit did not abate. Consequently, the appeal was dismissed, affirming the decree in favor of the first respondent for possession of the properties in question.