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( 2026:HHC:16402 )

IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA

RSA No. 36 of 2026.

Decided on : 8 ^th May, 2026.

Sh. Bhawani Parsad (since deceased) through his LR Smt. Sonam Palzom ...Appellant.

Versus f Smt. Chander Kala ....Respondent.

Coram:

The Hon’ble Mr. Justice Romesh Verma, Judge.

Whether approved for reporting?¹

For the Appellant: Mr. Lokesh Thakur, Advocate, vice C Mr. G.R. Palsra, Advocate.

For the Respondent: Mr. Panku Chaudhary and Mr. Rakesh h Kumar Chaudhary, Advocates.

Romesh Verma, Judge (Oral).

The present appeal arises out of the judgment and

decree, as passed by learned Additional District Judge, Kullu, District Kullu, H.P.. dated 06.01.2026, whereby the appeal filed by the present appellant was dismissed and the judgment and decree, as passed by learned Senior Civil Judge, Kullu, District

1 Whether reporters of the local papers may be allowed to see the judgment?

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Kullu, H.P., dated 01.08.2024, was afÏrmed, whereby the suit for

declaration filed by the appellant/plaintiff was dismissed.

2. The brief facts of the case are that original plaintiff Bhawani Parsad had filed a suit for declaration on the ground that he is owner in possession of land comfprised in Khata No. 625, Khatauni No.842, Khasra No.3425, measuring 00-16-06 bigha to the extent of 1/3 share out of total land 02-09-00 bighas, located at Muhal and Phati Kaushawari, Kothi Kais, Tehsil Bhuntar, District Kullu, H.P. It has been averred that he is issueless, old and sick person. He has been taking treatment for his ailment since January, 2016. Wife of the plaintiff also left him during his ailment. She had also filed petition under Section 125 of the Cr.P.C. against him. Defendant is the elder sister of the plaintiff. She visited the house of the plaintiff during his illness and inquired about his

ailment. She started looking after him in his house.

3. As per the plaintiff, the defendant told him that in case he requires services of the defendant, he should execute a registered Will in favour of her sons. On this understanding, on 16.07.2016, defendant along with her sons took the plaintiff to

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Bhuntar and had executed a document by saying that it is a registered Will. After execution of the Will, defendant started neglecting him. Thereafter, he was informed by the defendant that he has executed a gift deed in her favour. Plaintiff inquired Patwari Halqua and came to know thaft the defendant had got executed a gift deed in her favour instead of Will in favour of her sons. Since, the plaintiff was not well and he was suffering from various ailments, theurefore, the defendant by taking the undue advantage of his illness, succeeded in executing a forged and fictitious gift deed through illegal means. Therefore, the plaintiff approached the learned trial Court by filing a suit for declaration praying that the gift deed dated 16.07.2016 allegedly executed in favour of the defendant be declared as null and void being the

result of fraud and misrepresentation.

4. The suit was contested by the defendant by filing written statement raising various preliminary objections with respect of maintainability and estoppel etc. On merits, it was stated in the written statement that on the basis of gift deed dated 16.07.2016, now the defendant is owner in possession of the suit

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land being the donee of the gift deed bearing gift deed No. 1047 dated 16.07.2016. On the strength of gift deed, necessary mutation bearing No.3433 was duly attested in favour of the defendant on 23.08.2016. It has been stated in the written statement that the gift deed was execufted by the plaintiff out of love and affection in favour of the defendant since she used to render services to the plaintiff while he was suffering from various ailments. The gift dueed was executed in

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