CHOUDHARY SINGH Vs. DHANNU

JUDGEMENT

(1.) Heard on the question of admission. This appeal is by the plaintiff, who has lost in both the Courts.

(2.) Facts giving rise to filing of the appeal briefly stated are that the plaintiff filed a suit on the ground that the suit land was gifted to his father Samlu by his grand-mother namely Pankinbai vide registered gift-deed dated 13.6.1973 (Ex. P/1). Since then plaintiff's father was in possession of the suit land and after death of father of the plaintiff, the plaintiff is in possession of the suit land. However, the defendants in November, 2006 threatened the plaintiff with dispossession. Accordingly, the plaintiff filed the suit seeking the relief of declaration of title and permanent injunction.

(3.) The defendants in the written statement inter-alia pleaded that one Tiharo was owner of the suit land and after his death, the land in question devolved on his wife namely Pankinbai. It was further pleaded that Pankinbai never executed gift-deed in favour of the plaintiff's father. The alleged gift deed is forged and fabricated.