MANJIT SINGH Vs. BACHNA RAM

JUDGEMENT

(1.) The application is allowed as prayed for. This Regular Second Appeal is directed against judgments and decrees dated 21.10.2008 and 23.1.2009 passed respectively by the Additional Civil Judge (Senior Division), Ambala ( hereinafter referred to as 'the trial Court') and the Additional District Judge, Ambala (described hereinafter as 'the first appellate Court').

(2.) It was alleged that a family settlement had taken place between the plaintiff and his sons,namely, Bachna Ram, Jyoti Ram and Dilbagh Singh (present respondent nos. 1 to 3) in which the suit land was agreed to be transferred in their favour and in lieu thereof, they had agreed to return the loan amount outstanding in the name of the plaintiff and also agreed to pay maintenance amount to him and his wife and consequently, the decree in question was suffered by him. It was pleaded that since respondent nos. 1 to 3 failed to comply with the conditions which were inherent part of the agreed family settlement, the same should be cancelled and the suit land should be directed to be returned to him. It was further pleaded that respondent nos. 1 to 3 had alienated the suit land by way of sale deeds in favour of respondent nos. 4 and 5 without any legal necessity and that the loan amount of Rs.60,000/- was still outstanding against him which was not paid by his sons.

(3.) Upon notice, respondent no.1 had appeared and filed his written statement pleading therein that the instant suit had been filed in collusion with respondent nos. 2 and 3 and that the decree in question had been suffered by Narata Ram out of his own free volition on the basis of family settlement and, therefore, he could not resile from the same.