MAHBOOB KHAN Vs. HAKIM ABDUL RAHIM

JUDGEMENT

(1.) THIS appeal arises from the decree of the District Judge Jaipur City dismissing the plaintiff's suit for declaration that the deed of gift dated 27th March, 1954 (Ex. A I) executed by Kalu Khan, father of the appellants in favour of respondent was void as it was obtained by undue influence, fraud and misrepresentation in order to defeat the claim of his rightful heirs i. e. , son and daughters.

(2.) THE suit was decreed by the trial court but the learned District Judge has reversed that decree. The suit was instituted by the donor Kalu Khan. He died during the pendency of the suit and thereafter, the suit was continued by his son and daughters.

(3.) IT cannot be disputed that Kalu Khan who had executed the gift deed was an old man of 61 years, had no source of income, was illiterate, had three daughters to be married--his wife having already died, relying upon the respondent--his grand nephew for everything even for his maintenance. His relations with his son who was living separately were strained. These facts are borne out from the contents of Ex. A I as also from the statement of Kalu Khan and respondent's own witnesses Wajid Bux, (D. W. 3), Nazir Khan (D. W. 5) and Abdul Hamid (D. W. 6 ). It is also indisputable that Kalu Khan had no other property besides the house in dispute.