HARI RAM Vs. TARLOK CHAND

JUDGEMENT

(1.) THIS regular second appeal is directed against the judgment and decree of the learned District Judge, Hamirpur, dated 6.1.2003, passed in Civil Appeal No. 54 of 1995.

(2.) KEY facts, necessary for the adjudication of this regular second appeal are that the predecessor -in -interest of the respondent -plaintiff (hereinafter referred to as the plaintiff, for the convenience sake), Jayanti Devi instituted a suit for possession and declaration against the appellant -defendant (hereinafter referred to as the defendant). According to the plaintiff, she was owner to the extent of 8/27 share of land comprised in Khasra Nos. 28, 39, 41, 157, 169, 170 & 174 measuring 7 kanals 15 marlas. She was also co -owner to the extent of half share of land comprised in Khasra No. 4, as per entries of the Jamabandi for the year 1981 -82. She was an illiterate lady with rural background. The defendant was son of her brother. He started living with her and after some time, he persuaded her to execute a 'Will' of the suit land in his favour. Since she was very much influenced by the defendant, she agreed to execute a 'Will' in his favour. She never intended to execute the gift deed of the suit land in his favour. The defendant instead of getting the 'Will' executed, fraudulently, by misrepresenting the facts, exercised undue influence upon her and got the gift deed Ext. DW -1/A dated 18.7.1984, executed in his favour. The defendant has never rendered any services as mentioned in the alleged gift deed. She also alternatively prayed for maintenance @ Rs. 200/ - per month from 18.7.1984 till her death.

(3.) THIS regular second appeal was admitted on the following substantial question of law on 28.4.2003: