SUKHDEV SINGH Vs. HARBHAJAN SINGH

JUDGEMENT

(1.) DEFENDANT, doneeappellant, has assailed the judgment and decree of the first Appellate Court reversing on appeal those of the trial Judge and decrteing the suit of the plaintiff-respondent for possession of 1/8 share of the disputed property in this regular second appeal.

(2.) THE facts: -Sunder Singh was the owner of the property in dispute; that he died on July 13, 1973 leaving behind four sons and four daughters ; that he had gifted the suit land vide gift deed, dated June 23, 1973 in favour of his grandson Sukhdev Singh (herein-after referred to donee defendant) ; that Harbhajan Singh, one of the sons of the donor, challenged the gift deed in the suit on the ground that it was a forged document and some body impersonated the donor before the Sub Registrar and that the suit property would devolve upon all the natural heirs of the deceased. The suit was resisted by the donee-defendant. He maintained that Sunder Singh deceased executed a valid gift deed in his favour for the services rendered by him.

(3.) FROM the pleadings of the parties, the following issues were framed: -