CHAND SINGH Vs. KABAL SINGH & ORS

JUDGEMENT

(1.) This is plaintiff's second appeal challenging the judgment and decrees of the courts below whereby his suit for declaration to the effect that he was owner in possession of the suit land and the judgment and decree dated 27.08.1994 passed by the then Senior Sub-Judge in Civil Suit No.455 of 1994 titled as "Kabal Singh and anr. Vs. Sarwan Singh" and the subsequent revenue records were wrong, incorrect, null and void, based on fraud and misrepresentation and ineffective on the rights of the plaintiff and against the terms and conditions of family settlement dated 07.03.1993 with consequential relief of permanent injunction, was dismissed.

(2.) As per the averments, respondents No.1 and 2 are the sons of plaintiff's brother and respondent No.3 is his father. The dispute arose in the year 1993 which was settled by a family settlement and reduced into writing dated 07.03.1993 vide which the ownership and possession of the suit land was handed over to the plaintiff-appellant and since then he was owner in possession of the property in question. On 09.10.2000 ,when the defendants openly asserted that they had procured the aforesaid judgement and decree and they will dispossess the appellant from the suit land, forcibly and illegally and also get the revenue record changed in their favour, he came to know from the Patwari Halqa that respondent No.3 had suffered a judgment and decree dated 27.08.1994 in favour of respondents No.1 and 2 against the interest of the appellant Thus the present suit was filed.

(3.) The suit was opposed by the respondents by filing separate written statement. Respondent No.3, father of the plaintiff, in his written statement denied all the assertions of the plaintiff. The alleged family settlement was specifically denied and it was stated that the Civil court decree dated 27.08.1994 was passed by the competent court of law in accordance with law and was binding on the rights of the parties concerned.