BUDHE RAM Vs. MAINU

JUDGEMENT

(1.) This Regular Second Appeal has been instituted against judgment and decree dated 7.6.2010 rendered by learned Presiding Officer, Fast Track Court, Mandi, District Mandi, Himachal Pradesh, in Civil Appeal No. 64/2008.

(2.) "Key facts" necessary for the adjudication of the present appeal are that the respondent-plaintiff (hereinafter referred to as 'plaintiff' for convenience sake) filed a suit against the appellant-defendant (hereinafter referred to as 'defendant' for convenience sake), for declaration to the effect that the relinquishment deed dated 26.3.2004 is the result of fraud and mis-representation, and for joint possession of the land detailed in para-I of the plaint. According to the plaintiff, defendant is the step son of the plaintiff. It is alleged that the parties inherited the property of Shri Gumat Ram, who was husband of the plaintiff and father of the defendant. Plaintiff is residing in village Chababara, Phati Niul and is exclusively in possession of the entire property at Phati Niul being co-sharer, whereas defendant is residing in village Nandal and property of Mohal Nandal is in his exclusive possession as co-sharer. In January 2004, defendant approached the plaintiff for exchange of land of Mohal Nandal as well as in Phati Niul in the names of each other.

(3.) Suit was contested by the defendant. Defendant has denied that he has approached the plaintiff for the purpose of exchange of land of Mohal Nandal and land in Phati Niul. He denied specifically that the document dated 26.3.2004 was the result of fraud and mis-representation.