SHAGIR AND ORS Vs. SHAUKAT ALI

JUDGEMENT

(1.) This is second appeal by plaintiff-appellants, who have been unsuccessful in both the courts below.

(2.) Plaintiffs filed suit challenging consent judgment and decree dated 27.09.1997 suffered by Rashid (since deceased) in favour of defendants No. 3 to 8 i.e. respondents No. 7 to 12. The plaintiffs also sought declaration that plaintiffs No. 1 and 2 are owners in possession of the suit land to the extent of 1/5th share each and plaintiffs No. 3 to 8 are owners in possession of the suit land to the extent of 1/5th share.

(3.) Rashid was said to be owner of the suit land. He had five sons i.e. plaintiffs No. 1 and 2, defendants No. 1 and 2 and Maksood (since deceased). Plaintiffs No. 3 to 8 are sons of said Maksood. Defendant No. 1 has also since died and is now represented by respondents No. 1 to 5 as his legal representatives. The plaintiffs alleged that on the death of Rashid, all his five sons (including branch of pre-deceased son of Maksood), got 1/5th share each in the suit land and the judgment and decree dated 27.09.1997 in favour of defendants No. 3 to 8 passed against Rashid is illegal and null and void. It was alleged that the said decree was obtained by fraud.