JUDGMENT :- The suit giving rise to the present appeal was filed by the plaintiff respondent Pirthi Singh (deceased) for cancellation of a deed of gift dated 12-12-1967 executed by him in favour of the defendants in respect of his agricultural Bhumidhari and other immovable properties detailed at the foot of the plaint. It was alleged that the plaintiff was an old illiterate person, weak in intellect and physically infirm. He was ailing for the last ten years and had lost his capacity to understand anything; that he had no male issue to look after him and his cultivation and had only two married daughters. His wife had died long time back. The defendants were the grandsons of his uncle Harnam.

They colluded with a view to usurp his properties and taking advantage of the plaintiff's weakness and the absence of his daughters got the gift deed in suit executed by him on the representation that it was a deed of will in favour of his daughters. The plaintiff fell a victim to their persuasion and deceit and put his thumb impression on the document which was not read over or explained to him. When the plaintiff came to know of the defendants' fraud, he called upon the defendants