Tarlok Singh Chauhan, Judge (Oral)

This regular second appeal has been preferred by the appellant/defendant against judgment and decree dated 11.3.2002 passed in Civil Appeal No. 103 of 2000 by learned District Judge, Kullu, H.P. whereby he reversed the judgment and decree dated 29.9.200 passed by learned Senior Sub Judge, Kullu, H.P. in Civil Suit No. 36 of 1995.

2. The original plaintiff Smt. Baldassi was the real sister of defendant Keshav Ram and instituted the suit claiming herself to be co-owner in possession of the suit land as detailed in paras 1 to 4 of the head note of the plaint and was further mortgagee in possession of the land as had been mentioned in para No.5 of the head note of the plaint to the extent of her recorded share. She assailed the release deed dated 25.11.1992 qua the suit land as being void, fictitious, illegal and the mutations No. 4159 and 1137 were also sought to be declared as illegal and not binding upon her. Smt. Baldassi died during the pendency of the suit and was succeeded by her son and daughter, who were arrayed as plaintiffs. Her case was that on 10 Manghar 2049 she as a guest visited her brother defendant where she fell ill. The