SARDAR DARSHAN SINGH Vs. SURJEETH KAUR

JUDGEMENT

(1.) This Revision Petition is directed against the judgment dated 5-8-2005 in I.A. No. 750 of 2005 in O.S. No. 40 of 1994 on the file of the Court of the Senior Civil Judge, Karimnagar.

(2.) The Revision Petitioners are the plaintiffs 2, 4 and 6 in O.S. No. 40 of 1994. The suit was initially filed by the father of the petitioners herein by name Sardar Darshan Singh for cancellation of the registered gift deed dated 3-5-1994 executed by him in favour of the defendant. It was pleaded by him that the gift deed in question was void since the signatures on the document were obtained by the defendant by misrepresentation without revealing the contents of the document by taking advantage of the fact that the plaintiff was aged 90 years and was unable to read the document. The suit was initially decreed ex parte on 7-2-1996. However, on an application made by the defendant, the said ex parte decree was set aside on 22-12-2004 and the suit was reopened. In the meanwhile, the sole plaintiff Sardar Darshan Singh died and the plaintiffs 2 to 13 were brought on record being the legal representatives of the deceased first plaintiff.

(3.) The defendant, who is no otherthan the daughter of the deceased first plaintiff, in her written statement denied the plaint allegations and claimed that she is the absolute owner and possessor of the suit premises. It is claimed that the gift deed dated 3-5-1994 was executed by the deceased first plaintiff on his own, out of love and affection and possession of the premises in question was delivered to her immediately. It is stated that she had leased out the premises to one R. Mohana Rao, who in collusion with the plaintiff and his sons got the suit filed for cancellation of the gift deed on the basis of the alleged revocation deed dated 28-5-1994.