HAR NARAIN Vs. REVTI PARKASH

JUDGEMENT

(1.) Plaintiffs Har Narain and Lakshmi Chand sons of Aaram have filed this second appeal, having been non-suited by both the courts below.

(2.) Defendant no. 2 Smt. Mewa has since died and is represented by her son and legal representative Rajender respondent no. 2.

(3.) Plaintiffs obtained consent decree dated 21.4.1981 against their father Aaram thereby declaring the plaintiffs to be owners in possession of the suit land measuring 24 kanals 1 marla on the basis of alleged family settlement. Aaram, father of the parties, died on 18.12.1992, leaving behind the present parties and his widow Atlo as his legal heirs. Later on, Atlo also died. Plaintiff's case is that defendant no. 1 Revti Parkash obtained signatures/thumb impressions of plaintiffs and defendants no. 2 to 4 on the pretext of filing cases regarding land which was under occupancy tenancy of Aaram and his brother Balram. However, the said papers were misused by defendant no. 1 who by instituting suit No.132 of 3.4.1993 challenged earlier consent decree dated 21.4.1981 and obtained ex parte decree dated 1.6.1994 thereby setting aside decree dated 21.4.1981.