JUDGMENT :

Dev Darshan Sud, J.

This is the defendant's second appeal against the judgment and decree of the learned trial Court granting him a decree for declaration and injunction that sale deed No.947, dated 28.6.1990 (Ex.DA) was procured by the defendant by practicing fraud on the plaintiff and that this sale transaction was never intended by the plaintiff.

2. The plaintiff filed a suit on the allegations that he is a simpleton, rustic, illiterate, old and sick man of 70 years of age residing in the interior of District Kullu, which is not even connected with a metalled road. Because of his prolonged illness, he has become dull of intellect and is dependent upon others for managing his affairs. His wife was also old. They had no children to look after them and he, his wife and estate were being looked after and managed by his nephew Dharam Dass for the last 7-8 years in whose favour the plaintiff had executed a will. The plaintiff pleaded that the defendant was his cousin and he used to repose confidence in him. The case made out is that in the month of Ashahar he was confined to bed when the defendant asked him that he would take him to Kullu for treatment and the Government would