SABINA, J. - (1.) PLAINTIFF had filed a suit for declaration challenging the gift deed.
(2.) THE case of the plaintiff, in brief, was that he was 90 years old and was suffering from senile dementia. Dharambir-defendant No.3 was born out of the wedlock of Dhakeli, his wife with Tejpal. THEreafter, the plaintiff got married with Dhakeli and had brought up defendant No.3 as his own son. Defendant No.3 in collusion with defendant No.2 got the signatures of the plaintiff on blank papers and forged the gift deed in question qua land measuring 13 marlas bearing khasra No. 61// 7/2. THE impugned gift deed was a result of forgery and misrepresentation. Defendants, in their written statement, denied the contentions in the plaint. On the pleadings of the parties, following issues were framed by the trial Court:- "1. Whether the gift deed regarding mentioned in para no.11 of the plaint is illegal, null and void and is liable to be set aside on the grounds mentioned in the plaint ? OPP. 2. Whether the suit is not maintainable in the present form ? OPD. 3. Whether the plaintiff has no cause of action to file the present suit ? OPD. 4. Whether the suit is time barred ? OPD. 5. Whether the plaintiff has concealed the material facts from the court ? OPD. 6. Relief."
(3.) VIDE judgment and decree dated 20.8.2009, Civil Judge, Senior Division, Nuh dismissed the suit of the plaintiff. The said judgment and decree were upheld in an appeal by Additional District Judge, Nuh, filed by legal representatives of the plaintiff vide judgment and decree dated 19.12.2009. Hence, the present appeal by legal representatives of the plaintiff.;