KHARAITI LAL Vs. MOHAN DEVI

JUDGEMENT

(1.) This, appeal is directed against.. judgment and decree dated March 15-1976 of the Additional District judge, Gurdaspur; by which the decision of the trial Court was affirmed and the defendant-appellant ` Kharaiti Lal's first appeal was dismissed.

(2.) The facts of this case in brief are that the plaintiff-respondent Mohan Devi executed a sale deed in respect of the house in dispute is favour of the defendant-appellant Kharaiti Lal on December 20, 1991. The plaintiff brought a suit challenging the validity of the sale need o. the plea that, 'the appellant had obtained. it from hereby, exerting undue influence. It was pleaded that' the transaction was unconscionable; without consideration and was based. on misrepresentation. The appellant while, contesting the suit denied these allegations and justified the transaction, He also objected that. the plaintiff is estopped from suing: On the pleadings of the parties the trial Court framed following issues:

(3.) The trial-Court accepted the plea of the plaintiff.-and held that. the appellant had obtained ;:the impugned' sale deed exhibit D. 1 by misrepresentation; without consideration and asserting undue' influence upon the plaintiff. In the opinion of the trial Court. the transaction was unconscionable. The plaintiff were not found to be estopped from filing the suit.. if these findings. the first issue was: held in plaintiff's favour and. the ;second against the defendant-appellant and resultantly, the. plaintiff's suit of possession of the house in dispute. well decreed the learned lower appellate Court affirmed the findings 'of the trial Court and dismissed the defendant ' appeal.