TAKRI DEVI Vs. RAMA DOGRA

JUDGEMENT

(1.) The plaintiff claims herself to be the owner in possession of land measuring 9 bighas and' 11 biswas as detailed in the plaint and has prayed for a declaration to the effect that the gift deed D/- 19-2-1980 executed by her in favour of the defendant. Shri Charan Dass (now deceased) is a result of fraud, misrepresentation and undue influence and that the defendants be restrained by permanent injunction from interfering with her possession of the suit land. In the alternative the plaintiff has claimed the possession of the suit land.

(2.) It is alleged that the plaintiff is an illiterate old woman with low intelligence and has been deserted by her husband. There is nobody to look after her. She filed a suit in the year 1978 against Hari Ram and Smt. Johmi Devi in the court of Senior Sub-Judge. Kulu and engaged Shri Charan Dass (deceased defendant) as her counsel. Shri Charan Dass wielded considerable influence on her and was in a position to influence her judgment. Shri Charan Dass was also her counsel in a criminal litigation pending, between her and Hari Ram and others in Kulu. Courts.

(3.) The plaintiff was called to Kulu by Shri Charan Dass on 19-2-1980 and she was taken to one or two courts. The plaintiff had full faith in Shri Charan Dass and did riot understand as to what she was doing at the instance of Shri Charan Dass. After about a month, the plaintiff came to know that Shri Charan Dass had got a gift deed executed in his favour from her. Thereafter she came to know that a special power of attorney was also got executed from her in favour of one Roshan Lal. By this deed, said Roshan Lal was authorised to give statements before revenue officers for mutation purposes. It is also alleged that Roshan Lal is the father of Shri Krishan Gopal Advocate. Kulu who was also an attesting witness of the gift deed. The mutation on the basis of the gift, deed was sanctioned on 6-3-1980 in another village in the absence of the plaintiff.