SATYA DEVI Vs. SHAM LAL

JUDGEMENT

(1.) By way of this appeal filed under Sec. 100 of the code of Civil Procedure, the appellant has prayed for setting aside of the judgment and decree passed by the Court of learned Civil Judge (Junior Division), Court No.III, Amb, District Una, HP in Civil suit No. 794 of 2014, titled as Satya Devi versus Sham Lal, dtd. 30/4/2016, whereby the suit for declaration filed by the present appellant stood dismissed by the Learned Trial Court, as also for setting aside the judgment passed by the Court of Learned Additional District Judge (I), Una, Circuit Court at Amb, in Civil Appeal No. 98 of 2017, titled as Satya Devi versus Shyam Lal, dtd. 16/7/2019, vide which the appeal filed by the present appellant against the judgment passed by the Learned Trial Court stood dismissed.

(2.) I have heard learned counsel for the parties for the purpose of admission and also gone through the judgments and decrees passed by the learned Courts below.

(3.) Appellant herein filed a suit for declaration that she had inherited the suit land from her husband Shri Daulat Ram. She was issue­ less and defendant who was her nephew had approached her in the month of July, 2004 and advised her to take benefit of an old age pension scheme. He took her to Tehsil Amb, on the pretext of signing documents so that she could be granted old age pension by the Welfare Department. Defendant got signed a document from the plaintiff which in fact was a gift deed qua the suit land purported to be executed by the plaintiff in favour of the defendant. She never executed any gift deed on 19/7/2002, in favour of the defendant and the deed was procured by the defendant by exercising undue influence upon her and was a result of fraud, misrepresentation in connivance with the marginal witnesses and the deed writer. It was further the case of the plaintiff that mutations which were attested by the defendant on the strength of the gift deed were also null and void. According to the plaintiff, about two month before the filing of the suit, illegal threats were extended to her by the defendant of her being ousted from her abadi and defendant also threatened to alienate the suit land on the basis of the said gift deed and this is how the plaintiff came to know about the execution of the gift deed. It was on these facts that the suit for declaration stood filed by the plaintiff that the gift deed are bad in the eyes of law.