MAHI PAL SINGH Vs. LAL SINGH

JUDGEMENT

(1.) This Regular Second Appeal has been filed by the defendant appellant Mahi Pal Singh against the judgments and decrees of the Courts below whereby the suit filed by Lai Singh plaintiff was decreed by the trial Court and the appeal filed by the defendant was dismissed by the learned Addl. Distt. Judge.

(2.) Lal Singh, plaintiff had filed a suit for declaration to the effect that the Civil Court judgment and decree dated 27-1-1995 in the civil suit titled Mool Chand v. Lal Singh, with regard to the suit land was illegal and void and seeking a declaration that Lal Singh, plaintiff was owner in possession of the suit land. It was alleged that aforesaid judgment and decree was based on fraud inasmuch as Mahi Pal Singh, defendant had succeeded in obtaining aforesaid decree against the plaintiff by playing fraud upon him. The said suit was contested by the defendant by filing written statement, taking up various preliminary objections including the plea that the suit was barred under Order 23 Rule 3 CPC and by the principles of res judicata. On merits, it was alleged that the plaintiff had suffered the aforesaid decree dated 27-1-1995 out of love and affection on account of services rendered by the defendant and that the said civil Court decree was perfectly legal and valid. It was alleged that the plaintiff had given the suit land to the defendant as owner and had handed over the actual physical possession thereof to him and as such defendant was owner in possession of the suit land. Various issues were framed. Both sides led evidence. After hearing both sides and perusing the record, the learned trial Court decreed the suit of the plaintiff holding the earlier civil Court decree dated 27-1-1995 to be illegal and void and declaring the plaintiff to be owner in possession of the suit land. The appeal filed by Mahi Pal Singh, defendant was dismissed by the learned Addl. Distt. Judge upholding the findings of the trial Court. Aggrieved against the same, Mahi Pal Singh, defendant has filed the present Regular Second Appeal in this Court.

(3.) Notice of motion was issued and records were requisitioned.