In this regular second appeal, the High Court of Himachal Pradesh disposed of a dispute regarding the validity of a gifted property. The court dismissed the appeal, holding that the lower courts correctly found the appellant failed to prove the gift deed was fraudulent. No substantial question of law was found.
The appeal was dismissed with no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
2024:HHC:6550
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
RSA No.89 of 2023 Decided on 06th August 2024 Hoshiara …Appellant Versus Jagdish …Respondent Coram
Hon’ble Mr. Justice Ajay Mohan Goel, Judge 1Whether approved for reporting?
For the appellant: Mr. Tarun Sharma, Advocate. For the respondent: Mr. K.B. Khajuria, Advocate.
Ajay Mohan Goel, Judge (Oral )
By way of this Regular Second Appeal, the appellant assails the judgments and decrees passed by the learned Courts below, in terms whereof, the suit for declaration and permanent prohibitory injunction filed by the appellant was dismissed and same was the fate of the appeal.
that the plaintiff was a rustic aged villager and the defendant requested and persuaded the plaintiff to Will his Natour land in his
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favour in lieu of maintaining the plaintiff and his wife throughout his life. According to the plaintiff, the defendant proved to be a very clever and dishonest person, who besides preparing a Will also got a gift deed prepared and he fraudulently obtained the thumb impression of the plaintiff upon the gift deed by misrepresenting that it was a Will and on account of illiteracy and old age, as the plaintiff could not himself go through the contents of the documents so it was in this backdrop that in connivance with the scribe, witnesses and revenue officials, a false, forged and fictitious gift deed was got registered and accordingly a declaration was sought that the gift deed declared to be illegal void and inoperative against the plaintiff and defendant be restrained from interfering and taking forcible possession of the suit land.
Court was that the gift deed was executed by the plaintiff out of his own free will and volition and no fraud was played upon the defendant, as alleged. It was further the case of the defendant that the gift deed was prepared at the instance of the plaintiff. Contents thereof were read and explained to the plaintiff and he executed the same voluntarily in favour of the defendant.
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2. Whether the plaintiff is entitled to permanent prohibitory injunction as prayed for?OPP.
3. Whether the suit is not maintainable in the present form?OPD.
4. Whether the plaintiff has not cause of action and locus standi to file this suit?OPD.
5. Whether the plaintiff has not approached the Court with clean hand is so, its effect?OPD.
6. Relief.”
support of their respective contentions, the issues were decided as
under:-
“Issue No.1: No Issue No.2: No Issue No.3: Yes Issue No.4: Yes Issue No.5: No Relief: The suit of plaintiff is dismissed as per operative part of judgment.”
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fact, but he miserably failed to demonstrate and proved this fact.
both the learned Courts below that the gift deed is not a result of fraud and misrepresentation which are borne out of the record and further this was not substantiated by leading any cogent evidence on
record, the appeal being devoid of any substantial question of law is dismissed. No order as to costs.
(Ajay Mohan Goel) Judge
August 06, 2024 (Vinod)
3 issues framed by the court
Whether the gift deed dated 29.06.2011 was the result of fraud and misrepresentation?
Whether the plaintiff is entitled to a permanent prohibitory injunction against the defendant?
Whether there is a substantial question of law involved in this regular second appeal?
1 provisions across 1 enactments
Hoshiara
Jagdish
Ajay Mohan Goel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
