SITA DEVI Vs. PRITHI CHAND & OTHERS

JUDGEMENT

(1.) The deceased plaintiff filed a suit for declaration, injunction and possession with respect to the suit land, as mentioned in the plaint, on the ground that the gift deed executed by her on 27.8.1997 was illegal, null and void because it was the outcome of due influence and misrepresentation and, therefore, not binding upon the plaintiff. It was further pleaded that the plaintiff was a pardanashin, uneducated rustic lady and not conversant with the clever ways of the world and as a result of fraud and undue influence, had executed the gift deed. She was under the impression that her thumb impressions were being obtained for the purpose of execution of a Will in favour of the respondents but, in fact, she was made to execute the gift deed which she never intended to.

(2.) The defendants-respondents contested the suit by filing a written statement, wherein preliminary objections regarding cause of action, estoppel etc., were raised. On merits, it was contended that the gift deed, in question, was absolute and, therefore, the plaintiff had no right to revoke the same. It was further averred that the plea of fraud and undue influence has otherwise not been prayed, therefore, cannot be taken into consideration.

(3.) On 6.11.2003, the learned trial Court framed the following issues:-