MOHINDER KAUR Vs. KANWAL SINGH

JUDGEMENT

(1.) This is plaintiffs' second appeal challenging the judgment and decrees of the Courts below whereby suit for declaration to the effect that the plaintiffs are owners in possession of the suit land in equal shares i.e., 1/6th share each and for setting aside the decree dated 3.1.1995 passed by Shri S.K. Aggarwal, Sub Judge Ist Class, Moga, dated 3.1.1995 in Civil Suit No.740 of 1994 in favour of defendants No. 1 to 5 and mutation No.14028 on the basis of the aforesaid decree with a further prayer of consequential relief of permanent injunction restraining the defendants from alienating the suit property, was dismissed.

(2.) Briefly stated , the facts of the case are that the civil suit was filed by the plaintiff-appellants on the ground that a fraud was committed with them by the defendant-respondents, as they never appeared in Civil Suit No.740 of 1993, and there was no ground that the plaintiffs would give the suit land to the defendants. It was further submitted that the transfer of the property vide aforesaid decree required stamp and registration, and the same was not admissible in evidence.

(3.) The civil suit was contested by the defendants raising various preliminary objections. On merits, it was alleged that the general power of attorneys of the plaintiffs had appeared in Court and made statements admitting the claim of the defendants, and in consequence thereof, the decree was passed.