GALZARI LAL Vs. RAM NATH

JUDGEMENT

(1.) Suit filed by the plaintiff/appellant was decreed by the learned trial Court and on appeal by the defendants/respondents, the judgment and decree stands reversed. The plaintiff/appellant is in second appeal before this Court. The parties, hereinafter in the judgment, would be referred to as plaintiff and defendants.

(2.) The suit was originally filed by one Dhian Singh who has now been succeeded by his son Gulzari lal. It is said that Kanshi Ram, who died on 13 -6 -1980, was issueless and his wife had pre -deceased him. He was old, weak and not in sound mind.It is also said that he had lost his eye sight and was hard of hearing and farther, he could not recognise any one. Defendants No. 1 to 6 were with him during his last days and by exercising undue influence, fraud and misrepresentation, a Will Ext. D -l dated 9 -4 -1980 was got executed from Shri Kanshi Ram in their favour. Kanshi Ram, admittedly, died on 13 -6 -1980. A general power of attorney Ext. D -2 is also said to have been executed by Kanshi Ram and on the strength of that power of attorney, twenty Kanals 15 Marlas of land stood sold by the said Attorney in the after -noon of 13 -6 -1980. The relief claimed was that the plaintiff was not bound by these documents and these were result of fraud and the plaintiff was entitled to 1/2 share in the property as well as in the sale proceeds.

(3.) The defendants, while resisting the suit, though admitted the relationship of the plaintiff with Kanshi Ram, yet proceeded to allege that he was being looked after and maintained by them. He was in sound disposing mind till his death although he was weak. The charge of fraud, coercion and misrepresentation stands specifically denied.