J.V.GUPTA
Ajmer Singh – Appellant
Versus
Atma Singh – Respondent
1. This is defendants second appeal against whom the suit for declaration and possession was dismissed by the trial Court, but decreed in appeal.
2. The plaintiff-respondent Atma Singh filed the suit for declaration to the effect that he was in possession of the suit land as the owner after the cancellation of the gift deeds dated Jan. 12, 1977, in the names of defendants Nos. 1 to 3. It was alleged that the plaintiff was the owner in possession of the land measuring 14 kanals 12 marlas. He was an old man and it was difficult for him to move about. His eyesight was also weak. Charna alias Charan Singh, the father of the defendants, was a man from baradari and not a collateral. He was very intimate with him. He requested him to look after his property and came to the tehsil headquarters for the execution of the special power of attorney in his favour at his instance and pursuation; he himself being an old man with feeble health and weak eyesight. Charna, father of the defendants, taking advantage of his weakness fraudulently got executed the gift deeds dated Jan. 12, 1977, in the names of his sons, defendants Nos. 1 to 3. Charan Singh, the father of the defendants, mis-repre
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