ROSHNI DEVI Vs. RAM KALI

JUDGEMENT

(1.) DEFENDANTS Roshni Devi and her mother Dharmo Devi having remained unsuccessful in both the courts below, have filed the instant second appeal.

(2.) RESPONDENTS Ram Kali and Gina Devi (plaintiffs) filed suit against the appellants. Plaintiffs and defendant no.2 are real sisters being daughters of Major Thandi Ram, whereas defendant no.1 is daughter of defendant no.2. Vide consent decree dated 05.11.1985 suffered by Major Thandi Ram in favour of defendant no.2, defendant no.2 was declared owner in possession of the suit property. The plaintiffs challenged the said decree by filing civil suit. Vide decree dated 14.03.1986, which was also a consent decree, earlier consent decree dated 05.11.1985, which was in favour of defendant no.2, was set aside. In another suit filed subsequently by the plaintiffs, compromise decree dated 16.09.1992 was passed, whereby defendant no.2 herein was given life estate in the suit property and after her death, the plaintiffs are to become owners in possession of the suit property. However, in spite of the said compromise decree dated 16.09.1992, defendant no.2, who had only life estate in the suit property, executed release deed dated 19.01.2001 of the suit property in favour of her daughter - defendant no.1. The said release deed has been challenged by the plaintiffs to be having no effect on their rights and being null and void as it is in contravention of decree dated 16.09.1992, according to which defendant no.2 had only life estate and therefore, defendant no.2 could not transfer the suit property to defendant no.1.

(3.) LEARNED Additional Civil Judge (Senior Division), Hisar, vide judgment and decree dated 09.08.2006, decreed the plaintiffs' suit. First appeal preferred by the defendants has been dismissed by learned Additional District Judge, Hisar, vide judgment and decree dated 02.05.2008. Feeling aggrieved, defendants have preferred the instant second appeal.