CHHOTO Vs. SARDAR SINGH

JUDGEMENT

(1.) IN village Salim-sar-Majra, there lived a widower Chandgi Ram. He owned and possessed agricultural land measuring 65 kanals - 2 marlas, fully described in the plaint. He had no male issue but Smt. Chhoto was his daughter who was married to Lal Chand of village Kheri Daman, Sardar Singh who was a total stranger exploited the weaknesses of Chandgi Ram, exercised undue influence upon him and in order to grab his property obtained a collusive decree dated 17. 2. 1975 in Civil Suit No. 116/i instituted on 13. 2. 1975 alleging that he was his adopted son. On the basis of the said decree, mutation No. 1777 on 12. 5. 1977 was also sanctioned in favour of said Sardar Singh defendant No. l. The suit land was shown to have been allegedly transferred in favour of defendants No. 3 and 4 although no consideration had passed. Smt. Chhoto when came to know all these facts instituted Civil Suit No. 517 of 1985 on 26. 7. 1979 against Sardar Singh his father Chandgi Ram and alleged vendees Raghunath and Ram Chander for a decree of declaration to the effect that the judgment and decree dated 17. 2. 1975 and the mutation consequent thereupon, was illegal and had no adverser effect on her rights of succession and that after the death of her father Chandgi Ram, she was entitled to succeed to his estate.

(2.) THE suit was contested by the defendants. Two sets of written statements, one on behalf of Sardar Singh and Chandgi Ram and other on behalf of defendants No. 3 and 4, the: vendees, were filed. In the first set of written statement defendants took the stand that Sardar Singh defendant No. l was adopted as a son by defendant No. 2 on 6. 6. 1968 and the adoption deed was got executed on 29. 12. 1970. Thereafter, the partition of the entire properties was effected between defendants No. 1 and 2 wherein defendant No. 1 got the entire suit land whereas defendant No. 2 got the entire cash and jewellery. The factum of the partition was affirmed in decree of February 17, 1975. The defendant No. 1 became exclusive owner of the suit land. He sold the same to defendants No. 3 to 4 for an amount of Rs. 11,20,000/- vide sale deed dated 26. 7. 1979. Defendant No. 2 had also executed a valid will on 29. 12. 1970 bequeathing his property to Sardar Singh. Objections with regard to locus-standi, limitation and maintainability of the suit were taken. It was denied that the plaintiff was the daughter of Chandgi Ram. Defendants No. 3 and 4 had naturally supported the case of defendants No. 1 and 2.

(3.) THE learned trial Court held: (