KARNAIL SINGH Vs. DROPTI DEVI

JUDGEMENT

(1.) Atmi Bai - predecessor of respondents No. 1 to 7 filed suit against petitioners and proforma respondents No. 8 and 9 seeking declaration that she is owner in possession of half share of 145 kanals 2 marlas land in suit and that judgment and decree dated 01.05.1982 passed in earlier Civil Suit No. 364-C of 1982 (regarding exchange of aforesaid suit land with half share of defendants in 58 kanals 15 marlas land) are null and void and not binding on the plaintiff and liable to be set aside and revenue entries recorded on the basis of said judgment and decree are liable to be corrected in favour of the plaintiff regarding the suit land. In the alternative, the plaintiff Atmi Bai pleaded that if the exchange is held to be valid, then possession of the exchanged land be got delivered to the plaintiff. C.R. No. 4951 of 2008 2

(2.) Learned Sub Judge Ist Class, Sirsa, vide judgment and decree dated 26.10.1990, dismissed the suit. The said judgment and decree Annexure P-2 have attained finality.

(3.) In judgment dated 26.10.1990, it was observed in paragraph 10 of the judgment as under: