Dharam Chand Chaudhary, J. (Oral)

This appeal is directed against the judgment and decree dated 11.6.1996 passed by learned Additional District Judge Solan in Civil Appeal No. 38-NS/13 of 1994/93 affirming thereby the judgment and decree dated 1.9.1993 passed by Senior Sub Judge, Solan in Civil Suit No.207/1 of 1988. Deceased appellant-plaintiff Bija Ram, the predecessor-in-interest of appellant Hemant Kumar (hereinafter referred to as ‘the plaintiff’) has filed a suit seeking thereby declaration to the effect that he is owner in possession of land entered in Khasra No.6 and 172 min situated at Mauza Top-Ki-Berh, Tehsil and District Solan and he never executed any writing/ agreement on 10.4.1988 qua this land voluntarily and the same being the result of fraud played upon him and undue influence exercised is fake, forged and fictitious, hence no right, title and interest confer on the defendants on the basis thereof over the suit land. Additionally, decree for permanent prohibitory injunction restraining the defendant from causing any interference in his ownership and peaceful possession over the suit land on the basis of this document was also sought. In the alternative, de