HARNAM SINGH Vs. AMAR SINGH

JUDGEMENT

(1.) Appellant/Defendant No.1(Harnam Singh) preferred present Regular Second appeal against the impugned judgment & decree dated 15.09.2003 passed by Learned Additional District Judge, Fatehgarh Sahib, whereby an appeal filed by respondent No.1/ plaintiff (Amar Singh) was allowed and judgment & decree dated 10.02.1998 of learned Civil Judge (Sr. Division), Fatehgarh Sahib, thereby dismissing his suit was set aside.

(2.) Brief facts of the case are that respondent No.1 filed a Civil Suit No. 436 dated 15.06.1992 (727-T of 16.12.1997) for declaration and permanent injunction against the present appellant as well as vendor to the effect that he is owner in possession of land in dispute and that judgment & decree dated 02.05.1992 obtained by appellant in Civil Suit No. 936 of 26.11.1988 titled as Harnam Singh vs.Amar Singh are null, void, collusive and not binding upon his rights; restraining the appellant from execution of the decree dated 02.05.1992 while getting the sale deed executed by vendor regarding the land in dispute; further prayed that appellant be restrained from taking possession of the land in dispute forcibly, illegally or in any manner.

(3.) On the basis of pleadings of both the parties, learned trial Court framed the following issues, on 15.10.1994 and 06.01.1997:-