DALEEP KUMAR Vs. KANCHA

JUDGEMENT

(1.) Shri Chatro (plaintiff) (since deceased) allegedly executed three gift deeds dated 28.1.1993 (Ext.DW-4/A, Ext.DW-4/B and Ext.DW-4/C) in favour of Daleep Kumar (defendant No.1), and his wife Smt. Gian Dei (defendant No. 2) in relation to his 1/3rd share in land situated in different Mohals of District Kullu, H.P. The gift deeds, according to Shri Chatro, were got executed by the defendants by exercising fraud and misrepresentation. Defendants agreed to maintain Chatro and his wife, who were childless, for life on the condition that suit property be willed to them. They got certain documents signed and registered from Chatro. However, after a period of two years, defendants stopped maintaining when they disclosed having got executed gift deeds in their favour, which were challenged by Chatro by filing a Civil Suit. Defendants filed written statement admitting that they had agreed to maintain Chatro and his wife, but, however, took up the defence that Chatro had voluntarily, executed gift deeds in their favour. Plea of fraud and misrepresentation was specifically denied.

(2.) Based on the pleadings of the parties, trial Court framed the following issues:-

(3.) Senior Sub Judge decreed the suit in terms of judgment and decree dated 12.1.1999 passed in Civil Suit No. 48/95, titled as Chatro v. Daleep Singh and others, by holding that Chatro was old, illiterate, rustic and a simpleton villager. He lived alone with his wife as they were issueless and had none to look after them. No doubt gift deeds (Ext.DW-4/A, Ext.DW-4/B and Ext.DW-4/C) were got executed and registered by the defendants, but, however, Chatro had neither any intention nor any knowledge about the contents thereof. Thus gift deeds could not be said to have been executed in accordance with law. Further possession of the gifted land continued to be with Chatro all throughout.