RAJINDER KAUR Vs. SANTOKH SINGH AND ORS

JUDGEMENT

(1.) This is plaintiff's appeal challenging the judgment and decrees of the Courts below whereby her suit for declaration that plaintiff-appellant was owner in joint possession with consequential relief of permanent injunction restraining respondent No. 1 from alienating the suit land, and for joint possession, was dismissed by the Courts below.

(2.) As per the averments, plaintiff and defendants were children of Ajmer Singh who died intestate in May 1992. After his death, mutation No. 647 was sanctioned on 18.7.1992 in favour of both the parties to the extent of 1/3rd share each regarding suit land and other properties left behind by Ajmer Singh. Defendant No. 1 did not raise any objection at the time of sanction of mutation nor he produced judgment and decree dated 28.2.1984. However, defendant No. 1 got entered mutation No. 690 on 29.1.1996/8.2.1999 on the basis of of collusive decree dated 18.2.1984 passed in civil suit No. 60 of 23.1.1984. The aforesaid decree was fictitious and illegal and was the result of fraud and misrepresentation. Hence the plaintiff filed the present suit.

(3.) Upon notice, defendants filed written statement submitting therein that the suit is hopelessly time barred. Mutation No. 647 was wrongly sanctioned on 18.7.1992. The civil Court decree dated 18.2.1984 was passed legally in favour of the defendants. Against the wrong sanction of mutation No. 647 defendant filed an appeal which was decided on 29.9.1995 and appellant along with her counsel appeared in that case. Even respondent filed civil suit No. 399 on 17.2.1995 for declaration to get the mutation No. 647 declared as wrong and illegal in which plaintiff-appellant appeared and later on the suit was withdrawn in view of the sanctioning of mutation on the basis of civil Court decree. Even defendant No. 1 filed a suit for permanent injunction. Mutation No. 690 was entered in favour of defendant No. 1 on the basis of the civil Court decree and thus the suit was liable to be dismissed.