JANGIR SINGH Vs. BALBIR SINGH

JUDGEMENT

(1.) This appeal has been filed against concurrent judgments of the Courts below decreeing the suit of the respondents holding that the judgment and decree dated 1.6.98 has been obtained by fraud and does not affect the rights of the respondents.

(2.) Santa Singh was the owner of the land in dispute. He suffered a decree of part of the land (38K 10M) in favour of one of his sons Darshan Singh. Darshan Singh aforesaid entered into an agreement to sell the land in favour of the respondents. Since he prevaricated on the execution of the sale deeds, respondents filed a civil suit on 8.6.1989 for specific performance dated 2.6.1989. The appellant No.1 filed a civil suit challenging the original decree suffered by his father (9.2.1984). The appellant No.1 also moved an application for being impleaded as a defendant in the suit for specific performance dated 2.6.89 (supra). The said application was allowed, however, thereafter the appellant No. 1 went ex parte. Subsequently the suit filed by the respondents for specific performance was decreed.

(3.) During this interregnum the civil suit filed by the appellant No.1(challenging the decree dated 9.2.1984) was dismissed. He filed an appeal and a compromise decree was passed whereby it was held that the land in dispute being ancestral land, the father of the appellants could not suffer decree in favour of the other son Darshan Singh. It is, however, noteworthy to mention here that Darshan Singh was not a party to this compromise and had in fact, not even been declared ex parte by the Courts below.