JAI DEV Vs. BHIM DASSI

JUDGEMENT

(1.) THE subject matter of dispute in the present lis is land entered in Khatta/Khatauni No. 1310 min/1955 min, Khasra Nos. 2766, 8384/2767 and 2769 measuring 3 -4 -0 bighas situated in Phati and Kothi -Kais, Tehsil and District Kullu.

(2.) ONE Prittam Singh was owner -in -possession of the suit land. Respondent No. 1 Bhim Dassi, hereinafter referred to as the plaintiff, was legally wedded wife of said Shri Prittam Singh. On the death of her husband, Prittam Singh, she inherited the suit land and became owner thereof. Respondent No. 2 -Cross -Objector, hereinafter referred to as defendant No. 1, contracted second marriage with plaintiff and within few days of his marriage with her, he managed the execution of gift deed Ex. DW -2/A from her in his favour. He also managed to attest mutation No. 5543 of the suit land consequent upon the gift deed in his favour. Later on, defendant No. 1, sold the suit land to the appellant, hereinafter referred to as defendant No. 2, vide sale deed dated 30.9.1998, Ex. DW -5/A.

(3.) DEFENDANT No. 1 in the written statement while admitting he having solemnized marriage with the plaintiff has denied that he obtained the gift deed of the suit land by practicing fraud upon the plaintiff and rather she after understanding the contents thereof executed the gift deed in respect of the suit land in his favour. He at that time was residing with her in her own house. She did not permit him to visit his village Raogi to see his family. She wanted him to live with her permanently and abandoned his own family in village Raogi. He did not agree thereto and it is thereafter, she started threatening him to interfere in his ownership and possession qua the suit land. He filed civil suit No. 67 of 1998 against her. The present suit, according to him, was filed by her as counter blast to the suit he filed against her.