OM PARKASH & ORS Vs. JASBIR & ANR

JUDGEMENT

(1.) This is defendants' second appeal challenging the judgment and decree of the trial Court dated 28.2.2011 whereby suit of the plaintiffrespondent (for declaration to the effect that release deed dated 22.9.2008 and mutation No.6016 dated 21.12.2008 sanctioned on the basis of said release deed is illegal with a consequential relief of restraining the appellants from alienating the suit land and also dispossessing the plaintiffrespondent from the suit land), has been decreed. Further challenge has been made to the judgment and decree dated 26.8.2013 whereby appeal filed on behalf of the defendants against the aforesaid judgment and decree of the trial Court has been dismissed by the First Appellate Court.

(2.) As per the averments, Chand Singh (predecessor-in-interest of the plaintiff-respondents) filed the suit on the averments that he had two sons and three daughters as per the pedigree table depicted in para No.1 of the plaint. He was owner in possession of the suit land which was ancestral in his hands. One of his sons, namely, Devender died in the year 1996-97 leaving behind his widow and two sons and a daughter.

(3.) Defendant No.1 Om Parkash is his other son. It is further alleged in the plaint that the plaintiff being of old age was feeble and debilitated and cannot travel without the assistance of others. His memory had also gone weak. It was also averred that in September, 2008, defendant No.1 requested him to execute a Will regarding the agricultural land and other property in his favour and the heirs of Devender in two equal shares to which he agreed. On 22.9.2008, he was brought at Tehsil premises at Bahadurgarh. His thumb impressions were taken on some papers by an unknown person who had come with defendant No.1. The plaintiff marked his thumb impression believing the words of defendants No.1. Defendant No.1 told him that a Will was being executed in his favour and in favour of children of deceased Devender in two equal shares. It was further assured that he will remain owner of the suit property till his death. After his thumb impressions, he was also taken to another room where his photograph was taken. However, he never appeared before the Sub Registrar. The contents of the deed were not read over or explained to him.