BHARTU Vs. NAWAL ALIAS CHHOTEY

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This is defendant's second appeal arising out of O.S. No.449 of 1970. Original plaintiff-respondent filed suit for cancellation of sale deed dated 11.05.1970 shown to have been executed by him in favour of the appellant. The suit was decreed by 6th Additional Munsif, Meerut on 16.07.1975. Against the said decree defendant-appellant filed Civil Appeal No.181 of 1975 which was dismissed on 27.11.1975 hence this second appeal.

(3.) The case of the plaintiff was that defendant had brought him up as his son and had earlier executed a registered gift deed of the property in dispute which initially belonged to him defendant in favour of the plaintiff on 26.02.1979, however afterwards he got the sale deed in question of the same property executed by the plaintiff, while the plaintiff was under the impression that he was executing a power of attorney in favour of the defendant.