BHAIRA RAM Vs. SAJJNA DEVI

JUDGEMENT

(1.) THE plaintiff is in second appeal aggrieved against the judgment and decree passed by the Courts below whereby suit for declaration challenging the judgment and decree dated 18.03.1992 as not binding upon the rights of the plaintiff on the ground that it is actuated by fraud and misrepresentation, was dismissed.

(2.) THE plaintiff and defendant No.1 are the son and daughter of one Puran Ram. The defendants No.2 and 3 are sons of Jetha Ram, another son of Puran Ram. The assertion of the plaintiff -appellant is that respondent No.1 is owner of 1/24th share of land measuring 650 Kanals 19 Marlas situated in village Barwala, Tehsil Dabwali, District Sirsa and 1/24th share of land measuring 113 Kanals 18 Marlas situated in village Risalia Khera, Tehsil Dabwali, District Sirsa. The plaintiff invoked the jurisdiction of the Civil Court with the averment that suit property was a Joint Hindu Family property and in a family settlement the suit land has fallen to the share of the plaintiff whereas defendants No.2 and 3 played fraud over defendant No.1 and obtained impugned decree on 18.03.1992 in a suit filed by defendants No.2 and 3. In the suit, the stand of defendant No.1 in her written statement is that decree has been obtained by fraud and that share of defendant No.1 was to be divided amongst the plaintiff to the extent of half share whereas the remaining half share was to be given to defendants No.2 and 3. It is stated that, in fact, only half share was to be given to the defendants No.2 and 3 when she appeared in the previous suit whereas the decree passed in respect of her entire share in favour of defendants No.2 and 3 is not the correct decree. In the said suit, the following issues were framed: -

(3.) IN the present second appeal, the plaintiff -appellant claimed the following substantial question of law: -