INDERJIT SINGH Vs. KARAM SINGH

JUDGEMENT

(1.) This Regular Second Appeal is directed against the judgment and decree dated 26.2.2004 passed by the Additional District Judge, Jagadhri (hereinafter referred to as 'the first appellate Court') whereby the appeal of Karam Singh (since deceased) represented by his legal heirs (hereinafter called as 'the plaintiff') was accepted and the judgment & decree dated 21.9.2002 of the Civil Judge (Junior Division), Jagadhri (described hereinafter as 'the trial Court') were set aside.

(2.) The plaintiff had filed a suit against his son, Hakam Singh - defendant/respondent No. 2, and grand-son, Inderjit Singh defendant/appellant, for declaration to the effect that he was owner in possession of the disputed land as detailed in the head note of the plaint and that judgment & decree dated 26.3.1981 passed in civil suit No. 184 of 25.3.1981, titled as 'Inderjit Singh v. Karam Singh etc.', which pertained to the said land, was wrong, illegal, null & void and was not binding on his rights as the same were the result of fraud. It was pleaded that the aforesaid judgment & decree were the result of collusion between the appellant and his mother Smt. Surinder Kaur. It was next pleaded that the suit land was ancestral in his hands and he was Karta of the family, but the appellant & respondent No. 2 had deprived him thereof fraudulently.

(3.) Upon notice, the appellant had appeared and filed his written statement contesting the suit. He denied the factum of fraud and supported the judgment & decree in question to be valid and pleaded that the suit was barred by time.