DHAN SINGH Vs. RAJ BALA AND ORS

JUDGEMENT

(1.) Plaintiff is in second appeal in a suit for declaration and permanent injunction. Plaintiff alleged that he is owner in possession of 3 kanals 7 marlas of land. Gift deed dated 17.02.2006, is claimed to be illegal, null & void. Plaintiff alleged that he asked his brother Chanderhas to assist him in the process of taking loan from the Bank in December 2006. Chanderhas brought him to the Office of Sub-Registrar and asked him to sign some document under the pretext of mortgaging the property in favour of Bank.

(2.) Trial Court decided issue No.1 i.e whether plaintiff is entitled for declaration and permanent injunction by referring to the evidence on record. Plaintiff has alleged fraud at the instance of Chanderhas. In support of his case, he himself steeped into witness box as PW-1 and also examined neigbour Virender as PW-2, who got himself examined-in-chief, but he was not produced for cross-examination.

(3.) Dhoop Singh has been examined from the Office of Sub-Registrar in the context of proving gift. One Himmat Singh has also been examined as PW-4 who has deposed on record that plaintiff is in continuous possession of the suit land.