JASRAJ MULTAN CHAND Vs. KAMRUDDIN

JUDGEMENT

(1.) THIS is an appeal by the defendants Nos. 1 and 2 against the decree dated 2211-1966, passed by the Additional District Judge, Rajnandgaon in Civil Suit No. 2a of 1961 decreeing the first respondent's claim for declara-tion that the decree, obtained by defendants 1 and 2 (present appellants) in Civil Suit No. 2-A of 1948, was obtained by practising fraud on the Court and also that it was passed by the court without jurisdiction and is, therefore, null and void. The present appellants (defendants 1 and 2) were permanently restrained from executing the said decree.

(2.) THIS case has become complicated on account of the several litigations started by both the parties. The disputed property namely the house, originally belonged to one Gayaprasad. In execution of a decree against him, Badruddin (predecessor of the present respondents) on behalf of himself and his minor son, Nasruddin purchased the said house in a Court auction on 21-4-1925. Badruddin purporting to act on his own behalf and on behalf of the minor son Nasruddin executed a sale deed dated 15-11-1930 in favour of Multanchand who was the father of the appellants. The house was let out by Multanchand to Badruddin and his father, jewara who were said to have executed a rent note in favour of Multanchand. Thus Badruddin and his father, Jewara became tenants of Multanchand.

(3.) MULTANCHAND filed Civil Suit No. 152 of 1935 in the Court of Subordinate Judge, rajnandgapn against Jewara and Badruddin for ejectment alleging that the tenancy had been terminated and that there were arrears of rent-The plaint of that suit is on record as Ex. P-1. As per the judgment dated 15-6-1937 (Ex. P. 2) the subordinate Judge, First Class, Rajnandgaon decreed the claim of Multanchand for ejectment and for arrears of rent amounting to Rs. 470/ -.