JASWANT SINGH Vs. JASPAL SINGH

JUDGEMENT

(1.) The judgment dated 27.10.2009 passed by the High Court of Punjab and Haryana at Chandigarh in RSA No. 3609 of 1998 (O&M) is called into question in this appeal by the unsuccessful defendants.

(2.) The brief facts leading to this appeal are that Jaspal Singh, Plaintiff No.1 in the present suit, i.e. O.S. No. 388 of 1986 (Respondent No. 1 herein), had been residing in West Germany (as it then was) and had authorised Kidar Singh son of Hem Raj to do all acts and to file or defend any suit regarding the suit property vide special power of attorney. The present suit was filed by Kidar Singh on behalf of Plaintiff No. 1 for declaration that the decree dated 29.07.1983 in Civil Suit No. 18 of 1983 titled as Harbhajan Singh and Ors. v. Jaspal Singh, decided by the Sub-Judge, IInd Class, Panipat, holding Defendant Nos. 1 to 3 in the present suit (the appellants herein) to be the owners in possession of the suit land, was illegal, null and void, and not binding on Plaintiff No. 1, and that the registered sale deed dated 05.06.1984 in respect of the suit land executed by Plaintiff No. 1 in favour of Defendant Nos. 4 to 10 in the present suit is legal and binding on all persons including Defendant Nos. 1 to 3. The consequential relief of injunction was also sought for. Though Plaintiff No. 1 at some point got the present suit dismissed as withdrawn, Defendant Nos. 4 to 10 were later transposed as plaintiffs, and Plaintiff No. 9 impleaded, and proceedings in the suit continued. The Trial Court decreed the suit. The decree of the Trial Court was confirmed by the First Appellate Court as wellas by the Second Appellate Court. This appeal is presented before us as against the concurrent findings of three courts.

(3.) All the Courts have concurrently concluded that the judgment and decree dated 29.07.1983 passed in Civil Suit No. 18 of 1983 by the Sub-Judge, IInd Class, Panipat is illegal and does not bind the plaintiffs (the respondents herein). The Courts have held that the same is a collusive decree between the plaintiffs and the defendants in the said suit.