Rajiv Sharma, J.

1. This Regular Second Appeal has been instituted against judgment and decree dated 25.4.2007 rendered by the learned Additional District Judge, Fast Track Court, Una, District Una, Himachal Pradesh in Civil Appeal No. 5/98 RBT 179/04/98.

2. “Key facts” necessary for the adjudication of the present appeal are that the respondents-plaintiffs (hereinafter referred to as ‘plaintiffs’ for convenience sake) filed a suit for declaration against the appellant-defendant (herein after referred to as ‘defendant’ for convenience sake). According to the averments made in the plaint, plaintiffs and the defendant are the only legal heirs of deceased Anar Devi alias Ganga Devi widow of Ran Singh son of Ram Saran, resident of village Jalgran Tabba, Tehsil and District Una, in respect of the area of land as detailed in the plaint. After the death of Ran Singh, share of the parties including Anar Devi to the property of Ran Singh was to the following extent:-

(i)	Karam Singh	1/4th share
(ii)	Kartar Singh	1/4th share
(iii)	Baldev Singh	1/4th share
(iv)	Anar Devi @ Ganga Devi	1/4th share

3. Karam Singh also died leaving behind his legal representatives-successors. Anar Devi @ Ganga Devi died on 26.4.1990 leaving behind the plaintiffs and defendant as her only legal representatives and successors. Now the shares of the plaintiffs and defendants after the death of Anar Devi in the whole of joint land were as under:-

1.	Karam Singh	1/3rd share
2.	Baldev Singh	1/3rd share
3.	Raksha Devi	1/9th share
4.	Rajinder Singh	1/9th share
5.	Ganga Devi (widow)	1/9th share

4. Deceased Anar Devi was an illiterate and old aged, physically sick, Parda Nasheen lady and was hard of hearing. Defendant filed a partition case against the plaintiffs and Anar Devi in the Court of Tehsildar regarding suit land. Defendant exercised fraud and undue influence by way of misrepresentation and got Gift Deed of entire land executed fraudulently and illegally in his favour under the garb of compromise. Possession of the suit land was never transferred to the defendant under the Gift Deed dated 26.12.1989, Ext. PW-5/A. Plaintiffs came to know about fictitious Gift Deed when they approached village Patwari for entering the inheritance mutation in the revenue record in respect of the share of the deceased Anar Devi.

5. Suit was contested by the defendant. According to the averments made in the written statement, plaintiffs and defendant have succeeded to the estate of Anar Devi. Suit land was not part of her estate as same was gifted during her life time to the defendant. Anar Devi alias Ganga Devi was hale and hearty and of sound mind. She executed gift deed dated 26.12.1989 in the presence of witnesses in favour of the defendant. Gift deed was duly registered with the Sub Registrar, Una. Plaintiffs were having the knowledge of the said gift deed from the very day of its execution.

6. Plaintiffs filed replication. Issues were framed by the learned Sub Judge First Class, on 21.11.1992. He dismissed the suit on 29.11.1997. Plaintiffs filed an appeal before the Additional District Judge, Fast Track Court. He allowed the appeal vide judgment and decree dated 25.4.2007. Hence, this Regular Second Appeal.

7. The appeal was admitted on 27.8.2007 on the following substantial questions of law:

“1. Has not the Lower Appellate Court committed grave illegality in decreeing the suit of plaintiffs-respondents which was not maintainable for assailing the Gift executed by Smt. Anar Devi, who survived for about 4 months and did not challenge the factum of Gift on any ground whatsoever during her lifetime? Was not the plea of fraud, misrepresentation and undue influence etc. pleaded by plaintiffs-respondents for setting aside the gift Deed Ex. DW2/A personal to Smt. Anar Devi who accepted her act of g