DODA Vs. MAST RAM

JUDGEMENT

(1.) This regular second appeal is directed against the judgment and decree of the learned District Judge, Hamirpur, H.P. dated 1.11.2004, passed in Civil Appeal No. 59 of 2002.

(2.) Key facts, necessary for the adjudication of this regular second appeal are that the respondent -plaintiff (hereinafter referred to as the plaintiff) has filed a suit against the appellant -defendant (hereinafter referred to as the defendant) for possession and cancellation of relinquishment deed dated 8.4.1994 Ext. DW -2/A. The plaintiff's father Sh. Durga died on 29.9.1994. He was owner -in -possession of the suit land as detailed in the plaint. The plaintiff Sh. Mast Ram, Smt. Shankru and Smt. Soma Devi are the legal heirs of late Sh. Durga. He was about 95 years of age. He was neither in disposing state of mind nor he could put thumb impression on any document. The defendant forcibly occupied the suit land on the basis of forged relinquishment deed. It is, in these circumstances, the plaintiff has prayed for decree that the alleged relinquishment deed dated 8.4.1994, in the custody of the defendant in respect of the suit land, was never executed by the deceased Durga and in the alternative the plaintiff sought the relief that the relinquishment deed be adjudged fraudulent and void and the possession of the suit land be delivered to the plaintiff.

(3.) The suit was contested by the defendant. According to him, he became owner of the suit land by way of relinquishment deed dated 8.4.1994 executed by late Sh. Durga in favour of defendant. It was executed by late Sh. Durga in the presence of respectable marginal witnesses. It was duly registered and presented before Sub Registrar Bhoranj and the question of being forged and fraudulent does not arise. It is denied that late Sh. Durga was not in a position to speak or put his thumb impression on the relinquishment deed.