SURAT SINGH (DEAD) Vs. SIRI BHAGWAN

JUDGEMENT

(1.) These appeals are directed against the final judgment and order dated 13.12.2006 passed by the High Court of Punjab & Haryana at Chandigarh in Civil Regular Second Appeal No.382 of 1992 whereby the High Court allowed the appeal filed by respondent No.1 herein, set aside the judgment dated 13.11.1986 of the District Judge, Narnaul in Civil Appeal No.83 of 1984 and reversed the judgment dated 16.05.1984 of the Trial Court in Civil Suit No. 315 of 1981. By order dated 22.01.2007, the High Court also dismissed the application (C.M. No.448-C of 2007 in RSA No.382/1992) filed by the appellant herein for recalling the judgment dated 13.12.2006.

(2.) In order to appreciate the short issue involved in the appeals, few relevant facts need mention infra.

(3.) One Murti Devi (since dead) and her daughter Smt. Bholi Devi filed Civil Suit No.315/81 in the Court of Sub-Judge, IInd Class, Rewari against one Siri Bhagwan (respondent No.1 herein). The suit was for a declaration that the decree obtained by Siri Bhagwan against Murti Devi on 11.11.1980 in Civil Suit No. 638/1980 in relation to the land measuring 37 Kanals 14 Marlas situated at Village Alampur, Tahsil Rewari, District Mahendergarh be declared null and void and not binding on the plaintiffs because it was obtained by defendant No.1-Siri Bhagwan by playing fraud and misrepresentation on the plaintiff-Murti Devi by taking advantage of her illiteracy and poverty. The defendant No.1-Siri Bhagwan contested the suit.