LACHHMAN SINGH Vs. BAGGO BAI AND OTHERS

JUDGEMENT

(1.) Plaintiff -appellant filed a suit for declaration, which was dismissed by the Additional Civil Judge (Sr.Divn.), Jalalabad vide judgment and decree dated 1.4.2006. In appeal, the said judgment and decree were upheld by the Additional District Judge, Ferozepur vide judgment and decree dated 6.2.2007. Hence, the present appeal.

(2.) Brief facts of the case, as noticed by the lower appellate Court in para Nos. 2 to 4 of its judgment, are as under:- "?2. Briefly stated, the facts of the case of the plaintiff are that Tara Singh son of Ram Singh (now deceased) father of the plaintiff, defendants No.2 to 8 and husband of defendant No.1 was owner in possession of the following movable and immovable properties:-

(3.) It was further averred that during his life time, Tara Singh expressed his last desire that after his death the entire estate of movable and immovable property referred in para No.1 shall be devolved upon his two sons i.e. plaintiff and defendant No.2 in equal shares. Tara Singh made a testimony deposition in his sound disposing mind without any coercion or pressure and executed a will/writing dated 29.8.1988 which was duly read over and explained to Tara Singh who after admitting the same to be correct and true put his left thumb impression underneath the said writing/will in the presence of witnesses namely Gurdial Singh Lambardar, Chiman Singh Panch, Kala Singh, Balbir Singh and defendant No.2. They also thumb marked and signed the above said Will after admitting that the recital made therein are correct and true. It was further alleged that before the death of Tara Singh he was unable to move and was not able to think as he was mentally upset and was not capable to understand for 3 or 4 years. It was averred that defendant No.2 in league and connivance with Darshan Singh Lambardar of village Parbhat Singh Wala and Banta Singh son of Jaila Singh resident of village Mauzam and Mohinder Singh son of Diwan Singh resident of village Chak Khiwa managed to get the sale deed dated 17.6.1997 bearing Waskika No. 1228 allegedly executed by deceased Tara Singh in his favour of the land measuring 22 kanals 12 marlas taking undue advantage of old age and illness of Tara Singh. It was averred that said sale deed is a result of fraud coercion, misunderstanding and is without consideration, hence, the same is illegal, null and void and inoperative qua the rights of the plaintiff. It was further averred that the defendants were repeatedly requested to admit his claim but to no effect. As such plaintiff filed a suit for declaration with consequential relief of permanent injunction.