JUDGMENT R.L. Khurana, J. :- This second appeal at the instance of the defendant has been directed against the judgment and decree, dated 23.5.1994 of the learned District Judge, Nahan, reversing the judgment and decree dated 30.5.1992 of the learned Sub Judge 1st class, Nahan.

2. The respondent-plaintiff filed a suit for declaration to the effect that the gift deed dated 5.8.1987 in respect of 4 biswas of land comprising of Khasra No.839/4/1/3 of Mauza Dhar Taran, Tehsil Renuka, district sirmaur (hereinafter referred to as the property in dspute) purported to have been executed by him in favour of the defendant was null and void and not binding on his rights since the same was as a result of fraud, mis-representation and undue-influence. As a consequential relief the plaintiff had prayed for restraining the defendant from interfering in his possession over the property in dispute. In the alternative, a decree for possession of the property in dispute was prayed for.

3. It was averred that the plaintiff is living in village Dhar Taran for the last about 20 years and working as a carpenter. He purchased the property in dispute with a view to construct a house therein for his own res

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