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2007 Supreme(HP) 338

DEV DARSHAN SUD
SITA DEV – Appellant
Versus
MOHINDER SINGH – Respondent


Advocates Appeared:
Mr. Baldev Singh, Advocate, for the Appellant; Ms. Seema Guleria, Advocate, for the Respondent.

JUDGMENT

Dev Darshan Sud, J.—This is the plaintiffs second appeal against the judgment and decree of the learned District Judge, Hamirpur, affirming the judgment and decree passed by the learned trial Court dismissing the suit of the plaintiff for possession of the suit land, based on an agreement Ex. PW-2/A entered into between the plaintiff and her mother-in-law Smt. Rahaunsu Devi, who was defendant No. 1 in the suit. A decree declaring gift deed, the suit land, made in favour of defendant No. 2, Kishan (who was the brother-in-law of the plaintiff), to be null and void and in the alternative a decree for recovery of Rs. 35,000/ - was prayed for.

2. The plaintiff is the daughter-in-law of Rahaunsu Devi (who died during the pendency of the appeal before the learned District Judge). The plaintiff pleaded that her husband was living jointly with defendants 1 and 2; she and her husband had been looking after them. At the time when the marriage of defendant No. 2 Kishan, brother-in-law of the plaintiff, was to be solemnized, the family was under financial constraint. In these circumstances, the mother-in-law of the plaintiff, defendant No. 1, approached her with the request that the pla


























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