KATHA SINGH Vs. SARBJIT KAUR

JUDGEMENT

(1.) This second appeal filed by the defendant-appellant is directed against the judgment and decree of the Additional District Judge, Gurdaspur, dated 6th August, 1975.

(2.) The facts giving rise to this appeal are that the land in dispute was gifted by Harnam Singh, father of the plaintiff Sarbjit Kaur in her favour and her son Harvinder Singh. She brought a suit for declaration and for possession that mortgage-deed dated 11th January, 1960 executed by Harnam Singh father of the plaintiff (defendant-respondent No. 3) in favour of the appellant (defendant No. 1) in respect of the land in dispute, was a sham transaction and was without consideration and hence is a nullity. This was got executed by the appellant (defendant) during the days when the relations of Harnam Singh with his wife Pritam Kaur mother of the plaintiff-respondent, became strained. The allegations in the plaint were controverted by the present appellant and the parties contested on the following issues :-

(3.) The trial Court decided all the issues in favour of the defendant and against the plaintiffs. The suit was dismissed. The plaintiffs successfully appealed to the Court of the Additional District Judge. Hence, this second appeal by the defendant Katha Singh.