MOHAN LAL Vs. SRI RAM AND ORS.

JUDGEMENT

(1.) Heard learned counsel for the parties on the point of admission of second of appeal and perused the records.

(2.) Admitted case of the parties are that defendant no.-1 Moti had two sons, namely, Mohan Lal (plaintiff) and Sri Ram (father of defendant no.-2 (Algu). It is also admitted that one registered gift-deed was executed on behalf of defendant no.-1 Moti in favour of defendant no.-2 Algu on 11.5.1993 for the disputed agricultural land detailed at the foot of plaint. The plaintiff Moti had filed suit for cancellation of aforesaid registered gift-deed dated 11.05.1993.

(3.) In the original suit no.-1241/1994 the plaint averment was that parties belong to same family and disputed land was in joint ownership from the time of ancestors of parties. The plaintiff was born before coming into force of UPZA & LR Act, therefore being from joint family, he had 1/3rd share of disputed agricultural land since his birth. Therefore, his father Moti had no right to execute gift-deed of whole of the disputed agricultural property. The defendant no.-1 is a old person who cannot move or walk, cannot see properly and cannot hear, properly. Defendant no.-2 had taken benefit of these disabilities and got executed the disputed sale-deed from defendant no.-1 in his favour. When defendant no.-2 had objected the plaintiff from user of disputed agricultural land then plaintiff came to know about the registered gift-deed in question and filed suit for cancellation of whole gift-deed and for permanent injunction.