SURJIT SINGH AND OTHERS Vs. TULSI (DIED)

JUDGEMENT

(1.) This Regular Second Appeal is directed against the judgment dated 17.11.1986 passed by the First Appellate Court, accepting the appeal filed by the plaintiff-respondent against the judgment dated 25.10.1983 passed by the Trial Court.

(2.) Tulsi son of Jai Ram (since deceased) filed a suit for declaration and injunction to challenge the judgment and decree dated 12.06.1981 passed by the Sub Judge 1st Class, Kaithal in Civil Suit No. 560/ 1981 titled as Jarnail Singh v. Tulsi vide which Jarnail Singh and others were declared to be owners in possession of land measuring 81 Kanals, 1 Marlas situated at Village Bakhali, Tehsil Pehowa, District Kurukshetra, which in the revenue record was recorded under the ownership and possession of Tulsi. The challenge to the decree by the plaintiff was on the ground that he was taken to Kaithal by Jarnail Singh and others on the pretext that they require him as surety in a case pending against them. The appellant-defendants are the grandsons of the sister of Tulsi. Due to fiduciary relationship, he came to Kaithal. He was taken to an Advocate where he was asked to thumb mark some blank and printed papers on the pretext of signing the surety documents. Thereafter, he was brought to Court at Kaithal where he also thumb marked the said documents. It has been alleged by the plaintiff that he is an illiterate villager. There was no dispute with regard to the suit land with Jarnail Singh and others. The plaintiff has his own son, as such the question of family settlement does not arise. The Advocates engaged in the case were senior counsel and his junior. The decree is the result of fraud, collusion and misrepresentation.

(3.) The defendants contested the claim of the plaintiff with the plea that no fraud was played with Tulsi. He suffered the decree of his own sweet will as the father of the defendants had been serving him in old days.