RSA No. 294 of 2023 (O&M)

2023:PHHC:069835

1

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

(116)

RSA No. 294 of 2023 (O&M)

Date of Decision : 15.05.2023

Jai Narain (now deceased) through his L.Rs.

...Appellants

Versus

Ravi Dutt and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI

Present:

Mohammad Arshad, Advocate for the appellants.

***

Harsimran Singh Sethi J. (Oral)

CM-1106-C-2023

Present application has been filed for bringing on record legal

representatives of appellant-Jai Narain, who unfortunately died on

07.06.2018.

Keeping in view the averments made in the application, which

are duly supported by an affidavit, present application is allowed. Legal

heirs of appellant-Jai Narain, the details of whom are given in para 2 of the

application, are brought on record with all just exceptions and the amended

memo of parties attached with the present application is taken on record.

CM stands allowed.

RSA No. 294 of 2023

1.

The present regular second appeal has been filed challenging

the judgments and decrees of the courts below by which, the claim of the

KANCHAN

2023.05.24 17:09

I attest to the accuracy and

integrity of this order/judgment

RSA No. 294 of 2023 (O&M)

2023:PHHC:069835

2

appellant-plaintiff for setting-aside the gift deed No. 972 dated 18.08.1986

has been dismissed.

2.

Learned counsel for the appellants-plaintiffs submits that the

said gift deed was subscribed by Suraj Bhan, who was deaf and dumb and

was of unsound mind, therefore, any gift deed by such a person, is not a

valid deed and rather, the said gift deed was a result of forgery and the

courts below have failed to appreciate the facts and evidence on record.

3.

On being asked to substantiate the said argument on the basis

of facts and evidence which has come on record as both the courts below

have recorded a finding that though, Suraj Bhan was deaf and dumb but

nothing has come on record that he was of unsound mind and was not

capable of understanding or performing his duties, especially when the said

gift deed has been proved by the subscribers of the said gift deed including

the deed writer and is also a registered gift deed.

4.

Learned counsel has only been able to contend that PW2-Rati

Pal has mentioned that Suraj Bhan was deaf and dumb, hence, it has to be

assumed that he was also of unsound mind, uncapable of deciding his own

fate. The said argument cannot be accepted. Merely a person, who is deaf

and dumb cannot be said that he is of unsound mind or is not capable of

deciding his fate. The deaf and dumb persons are capable of living a normal

life as they have capablity to understand everything. Unless and untill it is

proved on record that along with the hearing and speaking disability, the

person concerned i.e. Suraj Bhan was not in a position to decide about his

fate keeping in view various ailments suffered, there is no need to appoint a

guardian.

5.

In the present case, learned counsel has not been able to point

KANCHAN

2023.05.24 17:09

I attest to the accuracy and

integrity of this order/judgment

RSA No. 294 of 2023 (O&M)

2023:PHHC:069835

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out any evidence or fact on record to show that Suraj Bhan was of an

unsound mind, hence, the assertion that merely Suraj Bhan was not able to

speak or hear, he is also to be treated of unsound mind, has rightly been not

accepted by the courts below, which finding needs no interference by this

Court.

6.

Further, it has already come on record before the courts below

that the gift deed was a registered gift deed and has been subscribed by

Suraj Bhan. The deed writer and witness to the gift deed proved the same

by giving due support to the said gift deed, which evidence was not rebutted

by learned counsel for the appellants.

7.

Keeping in view the above, as no perversity in the findings of

the court below could be pointed out, no interference is called for by this

Court in the facts and circumstances of the present case.

8.

No other argument was rais