JASMER KAUR Vs. CHUHAR SINGH

JUDGEMENT

(1.) THIS is the plaintiff's second appeal. The dispute relates to 106 kanals 2 marlas of land. A few facts may be noticed.

(2.) THE plaintiff-appellant was admittedly the owner of this land. On May 26, 1975, she executed a sale deed regarding 10 Kanals of land in favour of Dalip Singh etc. She alleges that respondent No. 1 (Chuhar Singh) had accompanied her and he fraudulently obtained her thumb impression on a gift deed regarding 106 kanals 2 marlas of land in his own favour. Thereafter, on June 8, 1976, respondent No. 1 sold 61 kanals 5 marlas of land in favour of respondents 2 to 5 vide sale deed Ex. D-1. On June 14, 1976, the plaintiff-appellant filed a suit for injunction. However, the suit was withdrawn by her on October 21, 1977, with permission to initiate fresh proceedings. On October 218, 1979, she instituted the suit out of which the present appeal has arisen.

(3.) THE suit was contested by the defendant-respondents. Respondent No. 1 pleaded that the gift deed had been executed in his favour by the plaintiff and possession of land had been delivered to him. It was further submitted by him that having become owner of the land, he was entitled to sell it to anyone including defendant-respondents 2 to 5.