OM PARKASH Vs. KASHMIR SINGH

JUDGEMENT

(1.) THIS appeal has been directed against the judgement, decree dated 1.10.1999 passed by learned Addl. District Judge (1), Kangra at Dharamshala in Civil Appeal No. 67 -G/98 affirming the Judgment and decree dated 20.5.1998 passed by learned Sub Judge Ist Class Dehra in Civil Suit No. 155 of 1993.

(2.) THE facts in brief are that Kishni Devi filed a suit for declaration that she is owner in possession of land measuring 0 -23 -55 hectares being half share in khata No. 101, khatauni No. 294, khasra Nos. 673, 674, 687 and 732 measuring 0 -47 -10 hectares, Mohal Jandaur Mauza Kotla Tehsil Jaswan, District Kangra and gift -deed dated 1.6.1992 is the result of fraud, misrepresentation, undue influence and it did not affect her right, title over the suit land, with consequential relief of permanent injunction restraining the appellant -defendant from interfering in the suit land. In the alternative, possession has also been prayed.

(3.) KISHNI Devi filed replication and controverted the case set up by the appellant and reasserted her case. On the pleadings of the parties, the following issues were framed: