LABH SINGH Vs. PURAN SINGH

JUDGEMENT

(1.) THIS second appeal has been brought from the judgment of the learned Additional Sessions Judge, Faridkot, dated October 26, 1974 whereby the judgment of the trial Court was reversed and the suit decreed on payment of Rs. 15000/ -.

(2.) PURAN Singh respondent, brought this suit for declaration and possession of the land and house in dispute with the allegations that the alleged gift deed dated October 23, 1970, was void and ineffective against his rights, the same having been got executed by undue influence and fraud. According to the averments in the plaint, the plaintiff had three sons who were all murdered. He being not in a position to cultivate the land personally, agreed to lease out the same to the defendants. Consequently, he was brought to Faridkot by the defendants and they instead of lease deed got executed gift deed fraudulently by concealing the facts.

(3.) THE trial court after recording evidence of the parties, negatived the plea of the plaintiff and dismissed the suit. The judgment of the trial court was reversed, on appeal, by the learned Additional Sessions Judge and the suit decreed subject to the payment of Rs. 15000/ -, the mortgage amount paid by the defendants. Dissatisfied with this judgment, the defendants have come up in second appeal.