SHANTI Vs. THAMBU

JUDGEMENT

(1.) THE appellant-Shanti is the uterine sister of Thambu-respondent. Chandgi, the appellant's father was owner in possession of some agricultural land in village Chhara. He died in the year 1971 and the mutation of inheritance No. 3297 was sanctioned in favour of the appellant on October 29, 1976. The land accordingly vested in the appellant and it is her case that she leased out the said land to the respondent. It is further her case that about 10/11 months prior to the filing of the present suit, the respondent had come to her and informed her that he was being harassed by the revenue authorities and that she should execute a formal lease deed in his favour. She agreed to do so and was brought to Court but instead of drawing up a lease deed a decree was fraudulently obtained in a Civil Suit No. 79 of 1977, which had been filed by the respondent. He accordingly became the owner of the land. The present suit has been filed by Shanti challenging the decree in the earlier suit on the ground that a fraud had been practised by Thambu and in fact she had no idea that the papers, which had been signed by her, pertained to the aforesaid suit.

(2.) ON the pleadings of the parties, the following issues were raised in the trial Court :-

(3.) MR . Sudhir Mittal, the learned counsel appearing for the appellant, has raised two arguments in the course of the hearing; that the finding of the lower Appellate Court on issue No. 6, which pertained to the Will allegedly executed by Chandgi in favour of Thambu, was wrong as the execution of the Will was clouded in suspicion and in that eventuality, and that the earlier suit could not have been decreed as it could be presumed that Shanti would not make a statement contrary to the record.