HUKAM CHAND Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard Sri Abhitab Kumar Tiwari, learned counsel for petitioners and Sri Rahul Kumar Tyagi, learned counsel for contesting respondents.

(2.) There are multiple proceedings between the parties. The first proceeding was commenced when one Rajveer Singh filed a suit under Sec. 176 of U.P. Z.A. and L.R. Act, which was decided and Khurras were prepared with consent of parties, purportedly on basis of a memorandum of family settlement reduced in writing on 12/4/2003 and accordingly a final decree was proposed, however, thereafter the parties remained silent for about a decade.

(3.) In the year 2013, when Smt. Laxmi Devi died issueless then respondent/plaintiff filed a suit under Sec. 176//182 of U.P. Z.A. and L.R. Act, which commenced the second litigation between parties. It was claimed that in plaint the fact of family settlement was not disclosed. The suit was contested and finally claim of respondent No. 6 was rejected and counter claim of petitioners was allowed by order dtd. 27/2/2019 and accordingly, a preliminary decree was prepared on 5/3/2019.