By the Court.—This is an appeal against the judgment and decree dated 22.5.2000 passed by the Ist Additional Civil Judge (Senior Division), Moradabad in Original Suit No. 1260 of 1995.

THE FACTS

2. The plaintiff-appellant filed a suit for declaration that he is the owner of the property in dispute and the defendants have no concern with the same. The allegations in the plaint are as follows:

Rahim Bux, father of the plaintiff-appellant was the owner of the property in dispute described in the end of the plaint. He had orally gifted the property in dispute to the plaintiff on 14.8.1972. He was minor at that time and the gift was accepted on his behalf by his mother;

The father of the plaintiff was working as a labourer in the shop of defendant Nos. 1 and 2 (respondent Nos. 1 and 2 in the present appeal). He had developed bad habits and started taking loan from them;

The defendant Nos. 1 and 2 by taking undue advantage of the father of the plaintiff, got his thumb impression on the papers by committing fraud;

The defendant Nos. 1 and 2 filed original suit No. 25 of 1975 against the father of the plaintiff, which was dismissed by the trial Court on 30.11.1977. However, the app