HARI RAM Vs. SHANTI DEVI AND ORS.

JUDGEMENT

(1.) The present suit for declaration and permanent injunction has been instituted by the plaintiff praying, inter alia, for the following reliefs:

(2.) The case set up in the plaint is that the plaintiff is the owner and in possession of 1/4th share in the subject land along with his brother, Jagdish and some other relatives, who are also owners to the extent of 1/4th share. In the month of October, 1993, Shri Kishan Singh (deceased husband of the defendant No. 1) had approached the plaintiff and asked him to execute documents for transferring his share in the subject land in the name of his brother, Jagdish and he had informed the plaintiff that Jagdish was unavailable due to some urgent work. The plaintiff claims to have signed some documents at the asking of the husband of the defendant No. 1.

(3.) It has been averred that later on, in the month of January, 1994 Shri Jagdish had met the plaintiff who told him that he had been asked by the defendant No. 1's husband (Kishan Singh) to get the papers prepared for transfer of the subject land in his favour. At that time, Jagdish had told the plaintiff that Kishan Singh might have played a fraud on him. Immediately thereafter, the plaintiff claims to have contacted Kishan Singh on 27.1.1994 and asked him to hand over the papers which he had made him sign but the former had flatly refused to do so and he informed the plaintiff that he had got the plaintiff's 1/4th share in the subject land transferred in his wife's name, i.e., the defendant No. 1 herein. On receiving this information, the plaintiff had served a legal notice dated 28.1.1994 on Shri Kishan Singh which was duly replied to by him, through counsel, vide letter dated 10.2.1994.