ROSHANI DEVI Vs. KANTA DEVI

JUDGEMENT

(1.) Appellant (herein after referred to as the plaintiff) , filed a suit for declaration and injunction against respondent (hereinafter referred to as the defendant) , to the effect that she is owner in possession of the suit land as described in impugned judgments and decrees passed by the court below and the gift deed 13.4.1999 Ext.D1, registered with Sub-Registrar, Solan, qua the suit land, is totally wrong, illegal, null and void abinitio as the same is result of fraud and misrepresentation.

(2.) In nutshell, case of the plaintiff as projected in the plaint was that she intended to execute a gift deed in favour of the defendant to the extent of five biswas of land only, whereas defendant in connivance with her husband scribe and marginal witnesses, fraudulently and deceitfully got the gift deed, executed qua land measuring 11 bighas 12 biswas. Defendant while refuting aforesaid claim of the plaintiff claimed that since her parents had died in her childhood, she was brought up by the plaintiff and her husband. Defendant further claimed that her marriage was solemnized with Narayanu Ram by the plaintiff and husband. Defendant further claimed that after the death of husband of the plaintiff, plaintiff remained with her and out of love and affection, she executed gift deed (Ext.D1) , in her favour bequeathing land measuring 11 bighas 12 biswas situated at mauza khair, pargana Bharoli, Tehsil and District Solan. Defendant further claimed that gift deed Ext.D1 was executed by the plaintiff in sound state of mind in the presence of scribe and the marginal witnesses and same was subsequently registered in the office of Sub-Registrar, Solan. Defendant categorically denied that gift deed is result of fraud and misrepresentation and physical possession of the suit land was never delivered to her at the time of execution of the gift deed. Defendant claimed that since she has been in the physical possession of the suit land, there is no question of causing interference to the suit land as alleged by the plaintiff. On the basis of aforesaid pleadings, following issues came to be framed:

(3.) Whether the gift deed dated 14.1999 registered with Sub Registrar, Solan as document No. 279 is wrong, illegal, null and void abinitio, as alleged ? OPP