BALLO Vs. PARAS RAM

JUDGEMENT

(1.) This is a plaintiffs second appeal directed against the concurring judgments of the Courts below dismissing his suit brought for setting aside a deed of gift dated 14th July, 1964 in favour of the defendant-respondent Paras Ram. The plaintiff's counsel had put forward a case for the cancellation of the gift-deed quite inartistically in paragraph 3 of the plaint as follows:--

(2.) It is clear from these pleadings that the plaintiff had not given particulars of the undue influence although he alleged that there was some influence and pressure brought to bear upon him and that he was too old and simple an individual to be able to resist that pressure. After that, the plaintiff went on to allege that actually he was defrauded by misrepresentations made by the defendant.

(3.) The defendant, while denying these allegations, stated in para 5 of the written statement:-