KALA DEVI Vs. BALBIR DASS

JUDGEMENT

(1.) Challenge in the present appeal has been directed against judgments and decrees passed by the Court whereby suit for declaration that appellant/plaintiff is joint owner in joint possession of suit property mentioned in headnote -A of the plaint by assailing judgment and decree dated 04.12.1976 passed in Civil Suit No.1005/19.11.1976 and title deed No.1570 dated 08.07.2002 with relief of permanent injunction restraining defendants No.2 to 6 from alienating the suit property was dismissed by the trial Court vide judgment and decree dated 17.11.2011 that came to be affirmed in appeal by the Additional District Judge, Fatehgarh Sahib.

(2.) Kala Devi wife of Baldev Singh is daughter of Arjan Dass. She assailed the judgment and decree dated 04.12.1976 primarily on the following grounds:-

(3.) Challenge to the transfer deed No.1570 dated 08.07.2002 was opened with the allegations that Ram Nath - defendant No.1, real uncle of the plaintiff, is blind, deaf and dumb and was not in a position to give his consent to any document. The transfer deed in favour of Balbir Dass - defendant No.2 is the result of fraud and liable to be set aside.