SUKHO ALIAS PHOOL WATI Vs. BIJENDER

JUDGEMENT

(1.) The plaintiff/appellant has filed the present second appeal challenging the judgment and decree dated 30.8.1985 passed by the learned trial Court and judgment and decree dated 14.10.1986 passed by the learned first Appellate Court/Addl. District Judge (IV), Faridabad. By the impugned judgments and decrees, both the Courts have dismissed the suit for declaration and possession filed by the plaintiff/appellant.

(2.) The brief facts of the present case are that one Nanuwa (deceased) son of Devi Sahai was the owner in possession of the land measuring 81 kanals 8 marlas and other properties situated in the revenue estate of Village Badoli. Plaintiff claiming herself to be a daughter of Nanuwa (deceased) has filed suit against the defendants for declaration and possession alleging that adoption deed dated 7.6.1977 in favour of Bijender, and decree passed by the Civil Court in Civil Suit No. 257 of 18.7.1977 are illegal, null and void and outcome of the fraud and conspiracy and are not binding upon the plaintiff. It was contended by the plaintiff that Nanuwa (deceased), father of the plaintiff, was suffering from paralysis from last six years in life and was unable to move from his bed; defendant No. 2, Lakhmi Chand, who is the son of brother of late Nanuwa (cousin of the plaintiff) was having an eye over the property of Nanuwa (deceased) and with an ulterior motive to deprive the plaintiff to inherit the suit properties, obtained frivolous decree by playing misrepresentation and fraud, from the Court of Sub-Judge, Ist Class, Palwal on 26.7.1977; alleged adoption deed dated 7.6.1977 is also the outcome of fraud and misrepresentation.

(3.) Defendants contested the suit by refuting all the allegations made in the plaint. Both the defendants contend that defendant No. 1 was taken in adoption by Nanuwa (deceased) and thereafter adoption deed dated 7.6.1977 was executed and got registered by Nanuwa (deceased) and decree passed in Suit No. 257 dated 26.7.1977 is a valid decree.