SHAMSHER Vs. SUNNY

JUDGEMENT

(1.) The plaintiff through his legal representatives has filed regular second appeal against the findings of fact arrived at by the learned first Appellate Court reversing the judgment and decree passed by the learned trial Court.

(2.) Deceased Smt. Lado challenged the correctness of registered transfer deed executed by her on 28.11.2001 in favour of her minor grandson, namely Sunny, whose father late Sh. Subhash son of Smt. Lado, died in the year 1999. It has come on record that Smt. Lado was residing with the family of late Sh. Subhash. The registered release deed has been proved by examining one attesting witness and the scribe. It has also come on record that after the death of Subhash, his wife Smt. Savitri entered into a "kareva" (customary marriage) with another brother (Ballu) of her deceased husband, who also lateron adopted Sunny as his own son. Ballu has also expired.

(3.) The learned trial Court decreed the suit filed by her on the ground that Smt. Savitri wife of late Sh. Subhash was in a dominating position and, therefore, the inference of undue influence was drawn.