JAGDEV SINGH Vs. GANGA DEVI

JUDGEMENT

(1.) This appeal is filed by the defendant against the judgment and decree of both the Courts below by which suit filed by the plaintiff for declaration that she is owner in possession of the suit property measuring 33 Kanals 14 Marlas, situated in the revenue estate of village Gehli, Tehsil Narnaul and the judgment and decree dated 12.11.1979 passed by the Sub Judge, Narnaul in the case of Jagdev Singh Vs. Ganga Devi is null and void and not binding upon her rights, has been decreed.

(2.) The case set up by the plaintiff is that she is owner in possession of the suit property; the defendant is the son of the brother of husband of cousins of plaintiff, who is an illiterate and Pardanashin lady. About more than 1-= year back from filing of the suit, she wanted to take loan on the suit property. The defendant took her to the Court and obtained her thumb impressions on certain papers through a lawyer. She kept on asking for loan papers but no reply was given by the defendant and when she met the Halqa Patwari in order to take the revenue record, the impugned judgment and decree came to her notice which led to the filing of the present suit.

(3.) In the written statement, the defendant admitted the relationship as alleged by her and denied the story put forth by the plaintiff. It is alleged that the plaintiff had suffered the decree after admitting the gift.