SATBIR SINGH Vs. CHAND KAUR

JUDGEMENT

(1.) The admitted facts and background of the case is to the following effect:-

(2.) Sh. Ram Samp @ Mathura son of Chhotu resident of village Chamarian, Tehsil and District Rohtak was owner in possession of half share of agricultural land, detailed in para 1 of the plaint. The appellant claiming himself to be adopted son of Ram Samp filed civil suit No.533 of 13.08.1992 titled Satbir Singh Vs. Ram Samp which was later dismissed as withdrawn vide order dated 30.01.1993 but permission to file a fresh suit was declined by the said order. The appellant filed civil suit No.46 of 04.02.1993 claiming himself to be son of Roop Chand titled Satbir Singh Vs. Ram Samp in which consent decree dated 09.02.1993 in respect of the suit land was passed in favour of the appellant. Two separate appeals were filed against the aforesaid decree, one by the daughters of Sh. Ram Samp and the other by Sh. Ram Samp. The appeal preferred by daughters of Sh. Ram Samp was withdrawn but appeal filed by Sh. Ram Samp was dismissed by the Additional District Judge, Rohtak. The instant suit was filed by Brahma Devi and Chand Kaur, daughters of Sh. Ram Sarup to assail the judgment and decree dated 09.02.1993. Later, the name of Brahma Devi was struck off from the array of plaintiffs but the suit was prosecuted by Ms. Chand Kaur.

(3.) Chand Kaur challenged the decree dated 09.02.1993 inter alia on the following grounds:-