Geeta (Deceased) Through Her Lrs vs Bhagwan Balmiki Mandir And ...
2022 Latest Caselaw 12396 P&H

                                   RSA-5446-2019 (O&M)                                                         1

                                   103

                                                 IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                                                CHANDIGARH

                                                                                    RSA-5446-2019 (O&M)
                                                                                    Reserved on : 14.09.2022
                                                                                    Date of decision : 28.09.2022


                                   Geeta (deceased) through LR                                           ....Appellant

                                                                       Versus

                                   Bhagwan Balmiki Mandir and Dharamshala
                                   Parbhandhak Committee (Regd.)                                       ...Respondent


                                   CORAM : HON'BLE MRS. JUSTICE ALKA SARIN



                                   Present :        Mr. Naresh Gopal Sharma, Advocate for appellant.



                                   ALKA SARIN, J.

The present regular second appeal has been preferred by the

plaintiff-appellant against the concurrent findings of both the Courts below

dismissing her suit by way of the impugned judgments and decrees dated

01.10.2015 and 29.07.2019.

The brief facts relevant to the present lis are that the plaintiff-

appellant filed a civil suit for grant of a decree of declaration to the effect

that the plaintiff-appellant had not executed gift deed bearing Vasika

No.13096 dated 24.10.2007 registered with the office of Sub Registrar,

Ludhiana with regard to gift of her property/house built on plot measuring

24 sq. yards, comprised in Khasra No.388-395/1, Khewat No.1151-1153,

Khatauni No.1267, 1268, 1270, 1271 as per jamabandi for the year 2003-

2004 of Village Jawaddi, Hadbast No.160, Tehsil and District Ludhiana and YOGESH SHARMA 2022.09.28 16:49 I attest to the accuracy and integrity of this order/judgment Punjab and Haryana High Court, Chandigarh

it was a result of fraud and misrepresentation and the subsequent mutation

No.21121 sanctioned on the basis of the gift deed was also null and void.

It was averred in the plaint that the plaintiff-appellant was a

widow, issueless and an uneducated lady who had retired as Sweeper from

the Municipal Corporation, Ludhiana. It was further averred in the plaint that

the plaintiff-appellant was being looked after by one Sunita and that she

treated Sunita as a daughter and wanted to gift her property to Sunita for the

services rendered. It was further averred that one Sethi Ram was contacted

by her who claimed himself to be the Chairman of the defendant-

respondent/Society. She narrated her desire to gift the property to the said

Sunita. For the purpose, Sethi Ram got her signatures on some papers and

also took her to the office of the Sub Registrar, Ludhiana under false

representation that the gift deed was being executed in favour of Sunita, her

thumb-impression was obtained on the present gift deed. It was further

averred that a coloured photocopy of the gift deed was given to the plaintiff-

appellant to keep in safe custody who, treating it as the original, kept it with

her. About a month before the filing of the suit she came to know that the

gift deed had been executed in favour of the defendant-respondent.

On notice, the suit was contested and it was averred that the

property in dispute had been gifted by the plaintiff-appellant to the

defendant-respondent/Society through a gift deed dated 19.10.2007 bearing

Vasika No.13096 dated 24.10.2007 duly registered with the office of Sub

Registrar, Ludhiana and that the mutation had also been sanctioned on the

basis of the said gift deed.

On the basis of the pleadings of the parties, the following issues

were framed :

YOGESH SHARMA 2022.09.28 16:49 I attest to the accuracy and integrity of this order/judgment Punjab and Haryana High Court, Chandigarh

1. Whether the plaintiff is entitled to the decree of

declaration as prayed for ? OPP

2. Whether the said gift deed is nothing but a result of

fraud and misrepresentation and is forged and

fabricated document not binding upon the rights of

the plaintiff ? OPP

3. Whether the subsequent mutation No.21121

sanctioned on the basis of said gift deed is null and

void ? OPP

4. Whether the plaintiff is entitled to decree for

permanent injunction ? OPP

5. Whether the plaintiff has not come to the court

with clean hands ? OPD

6. Whether the suit of the plaintiff is not maintainable

? OPD

7. Whether the suit is bad for mis-joinder ? OPD

8. Relief.

The Trial Court vide impugned judgment and decree dated

01.10.2015 dismissed the suit filed by the plaintiff-appellant holding that the

execution of the gift deed dated 19.10.2007 stood duly proved. Aggrieved by

the said judgment and decree, an appeal was preferred which was also

dismissed on 29.07.2019. Hence, the present regular second appeal.

Learned counsel for the plaintiff-appellant would contend that a

total fraud had been played upon the plaintiff-appellant who was an

uneducated lady. He would further contend that the plaintiff-appellant was

misled into believing that the gift deed was being executed in favour of YOGESH SHARMA 2022.09.28 16:49 I attest to the accuracy and integrity of this order/judgment Punjab and Haryana High Court, Chandigarh

Sunita.

Heard.

In the present case though the suit had been filed on the ground

that the gift deed bearing Vasika No.13096 dated 24.10.2007 was a result of

fraud and misrepresentation, however, no evidence was led regarding fraud

and misrepresentation as alleged by the plaintiff-appellant in the plaint. The

only witness who appeared in the witness box on behalf of the plaintiff-

appellant was Sunita, legal representative of the plaintiff (Geeta) as PW1

who reiterated the version of the suit. DW2, Yado Ram, stated that the gift

deed dated 19.10.2007 was a voluntarily act on the part of the plaintiff-

appellant and was executed in his presence and that the plaintiff-appellant

had put her thumb-impression in his presence. Thereafter, he had also signed

the said gift deed (Ex.D2). Despite cross-examination, the testimony of the

said witness could not be shaken. The gift deed is a registered document and

presumption of truth attaches to a registered document unless the person

challenging the same is able to show that the same was a result of some

fraud and misrepresentation. In the present case there is not an iota of

evidence on the record to show that there was any fraud or

misrepresentation. The gift deed has been executed in favour of the

registered society (defendant-respondent) and not in favour of an individual

person.

No other argument has been raised by learned counsel for the

plaintiff-appellant.

In view of the concurrent findings of fact returned by both the

Trial Court and the lower Appellate Court, I do not find any illegality or

infirmity in the judgments and decrees passed by both the Courts below. No YOGESH SHARMA 2022.09.28 16:49 I attest to the accuracy and integrity of this order/judgment Punjab and Haryana High Court, Chandigarh

question of law, much less substantial question of law, arises in the present

appeal. The regular second appeal which is devoid of any merit is

accordingly dismissed. Pending applications, if any, also stand disposed off.

Dismissed.

                                                                                     ( ALKA SARIN )
                                   28.09.2022                                             JUDGE
                                   Yogesh Sharma

NOTE : Whether speaking/non-speaking: Speaking Whether reportable: YES/NO

YOGESH SHARMA 2022.09.28 16:49 I attest to the accuracy and integrity of this order/judgment Punjab and Haryana High Court, Chandigarh