MUNSHI RAM Vs. RAJIV KUMAR

JUDGEMENT

(1.) CM No.298-C of 2010 Application is allowed subject to all just exceptions. RSA No.70 of 2010

(2.) This is defendant's second appeal challenging the judgment and decrees of the Courts below whereby suit filed by the plaintiff- respondents for declaration with consequential relief of permanent injunction to the effect that the plaintiff and defendant No.2 (respondents) are the owners of suit land and the judgment and decree dated 7.5.1994 passed by the Court of Sh. M.S. Virdi, the then Sub Judge, 1st Class, Abohar in Civil Suit No.782-1 of 9.6.1993 titled as Munshi Ram v. Manmohan Chander and mutation No.2940 in favour of the defendant- appellant was illegal being based on fraud and misrepresentation, was decreed.

(3.) Briefly stated, in the civil suit the challenge of the decree dated 7.5.1994 was made on the basis that the appellant was cultivating the suit land as tenant under the respondents and was paying rent to them. The plaintiff was a Government employee and was posted in the State of Bihar and after his retirement, settled at Delhi while defendant No.2 was living in Canada for the last many years and had not visited India. Taking undue advantage of the absence of the respondents, the appellant illegally and unlawfully procured an ex parte decree dated 7.5.1994 claiming to be in adverse possession of the suit land and on the basis of the aforesaid decree got entered and sanctioned mutation of transfer of ownership in his favour and got deleted the names of the respondents from the revenue record as owners of the suit land and thus, the aforesaid ex parte decree and judgment was liable to be cancelled for the reasons as mentioned in the civil suit.