SUDHAN Vs. SH. BELI RAM

JUDGEMENT

(1.) This is application for impleading legal representatives of Smt. Veera plaintiff No. 2 and Masudi-defendant No. 2. It is alleged that plaintiff No. 2 left behind five persons mentioned in paragraph 2 of the application, whereas, defendant No. 2 Masudi left behind three sons mentioned in paragraph 3 of the application as their respective legal heirs. The application is accompanied by affidavit. Accordingly the application is allowed subject to all just exceptions and persons mentioned in paragraphs 2 and 3 of the application are ordered to be impleaded as legal representatives of plaintiff No. 2 and defendant No. 2 respectively for the purpose of this appeal.

(2.) The dispute relates to land of Ram Kishan. Plaintiff No. 1 Beli Ram is brother of Ram Kishan whereas plaintiff No. 2 Veera and defendant No. 2 Masudi were sister and brother respectively of Ram Kishan. It is undisputed that Ram Kishan has died issueless and his wife had predeceased him. Defendant No. 1 is the son of defendant No. 2 Masudi.

(3.) Plaintiffs alleged that decree dated 03.05.1982 obtained by defendant No. 1 herein against Ram Kishan in Civil Suit No. 385 of 1982 is based on fraud and misrepresentation and is also unregistered. The plaintiffs sought declaration to this effect and that plaintiffs and defendant No. 2 are owners in possession of the suit property to the extent of 1/3rd share each.