DINESH KUMAR Vs. SUBHADHRA DEVI AND ORS

JUDGEMENT

(1.) The defendant No.1 has assailed the judgment, decree dated 05.11.2001 passed by learned Additional District Judge, Shimla, Circuit Court at Rohru, in Civil Appeal No. 56-S/13 of 2001/98, reversing judgment, decree dated 25.08.1998 passed by learned Sub Judge Ist Class, Court No.1, Rohru, Camp at Jubbal, District Shimla, in Civil Suit No. 206/1 of 1993.

(2.) The facts, in brief, are that respondent No.1 had filed a suit for declaration and injunction impleading appellant as defendant No.1 and his father Laxmi Singh as defendant No.2, who died during the pendency of second appeal and his legal representatives have been brought on record.

(3.) The further case of the respondent No.1 is that Banu Devi wife of Dhian Singh was her mother. Dhian Singh died 30 years ago. Banu Devi and respondent No.1 were only heirs of Dhian Singh and they inherited the estate of Dhian Singh in equal shares. Banu Devi on account of her age was not keeping good health, she was operated upon for cataract in August, 1991 and September, 1992. Banu Devi most of the time had been living in Shimla with respondent No.1, but whenever she used to stay at village Paronthi, an attendant always used to be kept3 with her. In September, 1993, she came to stay at Village Paronthi and an attendant Khazan Singh accompanied her. At that time, appellant and deceased Laxmi Singh in connivance with Lokender Singh Pirta and S.N. Jasta hatched a conspiracy and taking undue advantage of the old age, illiteracy and ill-health of Banu Devi, playing fraud, misrepresentation, undue influence obtained thumb impressions of Banu Devi on some papers telling her that those papers were required for increase of her old age pension. This was done on or about 14.10.1993. Banu Devi when came to know of the fraud that in fact a gift deed has been got prepared from her, she immediately reported the matter on 22.11.1993 to S.P. (Vigilance). She had also written to Collector and Tehsildar. Banu Devi on account of this fraud, suffered mental shock and died on 06.12.1993.