BISHAMBER DAYAL Vs. BHAGWNI

JUDGEMENT

(1.) THIS second appeal is at the instance of the defendant who lost in the two courts below. The dispute is between a brother and a sister and it relates to the estate of their father.

(2.) ONKAR was the owner of land measuring 228 Kanals 15 Marias. He left behind three sons and three daughters. The land was mutated in favour of the six heirs in equal shares. On August 2, 1976, Bishamber Dayal filed a suit against his sister Bhagwani. Written statement admitting the claim made in his suit was filed on the same day and the suit was decreed on the next day.

(3.) BHAGWANI filed the present suit for declaration that she was the owner in possession of l/6th share in the suit land and that the decree dated 3-8-1976 was based on fraud and misrepresentation and was not binding on her. Her farther allegation was that she was taken to Narnaul by her brother on the pretext that a power of attorney in his favour was required for looking after the land and the defendant got her thumb impression on some papers purporting to be a power of attorney. She came to know of the fraud played on her in the year 1978 when she tried to plough the land and she was obstructed by the defendant by alleging that he had become the owner thereof because of the decree dated 3-8-1976. On inquiry, it revealed that the defendant got her thumb impressions by playing fraud on her and betrayed the faith reposed by her and thus the decree dated 3-8-1976 was illegal and not binding on her.