SMT. KAKIYAN WALI Vs. OM PARKASH

JUDGEMENT

(1.) This is unsuccessful plaintiff's regular second appeal.

(2.) The plaintiff filed a suit for declaration to the effect that she is owner in possession of the land as per details given in the plaint and decree passed in Civil Suit No. 143/70 dated 23.1.1970 is ineffective and not binding upon her rights. The plaintiff's further case is that she is the sole owner of the property and that the defendant is in no way related to her nor he is related to her husband Mehta Radha Krishan (deceased). That on the basis of the civil suit decree dated 23.1.1970 defendant is bent upon to interfere in her possession over the suit land which decree is invalid and unexecutable on the ground of fraud and misrepresentation.

(3.) The defendant contested the suit on the ground that he is adopted son of the plaintiff and is residing with her since her childhood. The defendant further alleged that the plaintiff suffered decree in his favour of her own free will; this way the decree is legal and valid. In fact, both the parties have acted upon decree accordingly as is clear from the proceedings for partition of the joint holding started in the year 1984. On the pleadings of the parties, following issues were framed :-