HARPREET KAUR & ORS. Vs. SURJEET KAUR

JUDGEMENT

(1.) PLAINTIFFS /appellants are in second appeal against the judgment and decree dated 15.03.2013, whereby the learned Additional District Judge, Ambala has reversed the findings of the learned trial Court whereby learned Civil Judge (Jr. Divn.), Ambala decreed the suit on 15.04.2010, and dismissed the suit filed by the plaintiff for declaration and permanent injunction. In brief, facts of the case are that plaintiffs/appellants filed a suit for declaration challenging the validity of the judgment and decree dated 14.12.1989 passed in Civil Suit No. 293 dated 3.6.1989 titled as Surjeet Kaur Vs. Gajjan Singh on the ground that the property in question is ancestral property left by Gajjan Singh and, therefore, he had no right to suffer a decree in favour of the defendant/respondent herein. It was stated that the plaintiffs as well as defendant are daughters of Gajjan Singh. It was averred that after the death of Gajjan Singh, the property was to be divided among the five sisters. However, the defendants propounded the aforementioned judgment and decree dated 14.12.1989 to claim her exclusive right over the property in question. It was averred that the said judgment and decree is a result of fraud and misrepresentation and thus prayer was made for decreeing the suit.

(2.) UPON notice, defendants denied all the averments and stated that the property is not ancestral and judgment and decree was validly executed in her favour. It was further averred that Gajjan Singh also executed a Will dated 4.8.1996 (Ex. D -4) and as per the said Will also, she has become the exclusive owner in possession of the property left by her father Gajjan Singh.

(3.) I have heard learned Counsel for the appellants and have also gone through the case file carefully with his able assistance.