PRABHA DEVI Vs. RAM ASREY

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the record.

(2.) This second appeal has been filed against the judgment and decree dated 4.9.1979 passed by the District Judge, Faizabad, by which he has allowed the appeal of the respondent in Civil Appeal No. 217 of 1978 arising out of judgment and decree dated 3.4.1978 passed in Regular Suit No. 331 of 1975.

(3.) The plaintiff-appellants had filed a said civil suit for cancellation of the gift deed alleging that he is illiterate villager. He had three daughters and the defendant-respondent was his real brother-in-law, who was serving at Calcutta. The defendant-respondent had said to the plaintiff that he will take care of his agriculture field provided he executes Will in his favour. Relying upon the defendant, the plaintiff agreed to execute the Will on 29.10.1969. The defendant brought the plaintiff to Tehsil Akbarpur and got executed the alleged gift deed in favour of himself fraudulently and misrepresenting him that it was a Will. In the month of June, 1975, the defendant came to the house of the plaintiff and told that he has executed the gift deed in his favour, therefore, he should leave the possession of the agriculture fields, upon which the plaintiff was shocked and when he enquired about the document, it came to his knowledge that the gift deed has been got executed on the pretext of Will fraudulently and under misrepresentation, therefore, the suit was filed.