ANOOP SINGH Vs. SHISHA SINGH

JUDGEMENT

(1.) THIS is plaintiff's second appeal challenging the judgments and decrees of the Courts below whereby his suit for declaration as well as appeal were dismissed.

(2.) AS per the averments, appellant -Anoop Singh (since deceased and now represented by LRs) leased out the suit land to the defendant -respondent who is his real brother from Kharif 1996 to Rabi 2003 for a sum of Rs. 40,000/ - per year. Defendant -respondent paid the lease money till Rabi 2002, however, he failed to make the payment for the last year, despite repeated requests and in February, 2003 refused to pay the lease money of Rs. 40,000/ - and informed the appellant that he had no concern with the land in question as respondent was having registered gift deed dated 26.11.1996 executed by the appellant in his favour. On enquiry, appellant came to know that defendant has got executed the alleged gift deed dated 26.11.1996 by playing fraud upon him. Thereafter, appellant obtained copies of the revenue record and came to know that defendant -respondent has played fraud upon him by converting lease deed into gift deed in his favour without his consent. Despite convening many Panchayats, respondent refused to admit the claim of the plaintiff -appellant and thus, necessity arose to file the instant suit for challenging the gift deed dated 26.11.1996, being illegal and void.

(3.) NO replication was filed by the appellant to the averments made in the written statement.