TARO DEVI Vs. RAUNAK SINGH AND ORS.

JUDGEMENT

(1.) C.M. No. 2977-C of 2012 has been filed seeking condonation of 15 days delay in refilling the appeal. For the reasons stated in the application, duly supported by the affidavit, the same is allowed and delay of 15 days in refilling the appeal is condoned. RSA No. 1108 of 2012 Through this common judgment, I shall dispose of two appeals filed by the appellant/plaintiff No. 1 against the judgments and decrees passed by the learned Courts below, whereby her suit for declaration that she and plaintiff No. 2(now dead) are co-sharers in joint possession of the suit lands as mentioned in both the civil suits and the two gift deeds both dated 24.02.2000, executed by Kartara, defendant No. 1 in favour of Raunak Singh and Ranjit Singh and the other in favour of Shangara Singh be declared null and void, have been dismissed by learned Civil Judge(Junior Division), Anandpur Sahib vide its judgment and decree dated 20.08.2009 and the findings have been affirmed in appeal by learned Additional District Judge(Fast Track Court), Ropar vide judgment and decree dated 29.09.2011.

(2.) For the sake of clarity, I am taking RSA No. 1108 of 2012, as the main appeal in which the appellants/plaintiffs have challenged the gift deed executed in favour of Raunak Singh and Ranjit Singh both sons of Dilbagh Singh, as the facts of both the civil suits are same, therefore, the same can be discussed with the facts of this appeal itself.

(3.) Plaintiff/appellant had filed the suit by stating that Kartara son of Ram Rakha-defendant No. 1 was the owner of the suit land measuring 41 Kanals 15 Marlas. This Kartara had no male lineal descendent and had only two daughters namely Taro Devi-plaintiff No. 1 and Kashmiro-defendant No. 3, this Kartara transferred the suit land in favour of his daughter's sons Raunak Singh and Ranjit Singh who are sons of Dilbagh Singh by means of registered Gift Deed dated 24.02.2002 on account of natural love and affection as they were looking after him and serve him. On 18.7.2000, the plaintiff along with wife of Kartara, filed the present suit for declaration that they were coparceners in the suit land which is ancestral in Kartara's hand as he had inherited the same from his father and as such they be declared co owners to the extent of ?rd share along with Kashmiro. Consequently, the gift deed in dispute was prayed to be declared null and void being a result of fraud as Kartara was a person of weak intellect and was not of sound disposing mind.