JUDGMENT:- This is a plaintiff's second appeal directed against the concurring judements of the Courts below dismissing his suit brought for setting aside a deed of gift dated 14th July, 1964 in favour of the defendant-respondent Paras Ram. The plaintiff's counsel had put forward a case for the cancellation of the gift-deed quite inartistically in paragraph 3 of the plaint as follows:-

"The defendant who is a cunning and mischievous person brought the plaintiff, who is a simple and old person aged 70 years, under his undue influence, for some time, and by making misrepresentations, deceived and defrauded him. The defendant told the plaintiff that he would manage his property, and that for this purpose, he should execute a general power of attorney (Mukhtiarnama), and, due to this deception he got a document executed and attested and registered, of which a copy is marked as Ex.D-1."

In paragraph 4 of the plaint he stated:-

"After some time, the plaintiff learnt that the document which had been executed was a gift-deed for the whole of his property, but this was executed by fraud, undue influence, and mis-representation and pressure which is entirely illegal and is liable to be