KARNAIL SINGH Vs. INDER SINGH (DECEASED) THROUGH LRS

JUDGEMENT

(1.) PLAINTIFF -respondent Inder Singh (now represented through his LRs) filed the instant suit claiming a declaration to the effect that the suit land measuring 43 kanals 7 marlas as detailed in the head note of the plaint is owned and possessed by him and the decree dated 15.2.1977 allegedly obtained by the defendants (now appellants) in their favour is the result of fraud having been obtained by way of impersonation. The plaintiff requested the defendants to recognize his rights in the suit land by saying that the decree was a nullity having been obtained by playing a fraud.

(2.) A joint written statement was filed on behalf of the defendants inter alia alleging that in a family arrangement, the plaintiff himself suffered the decree of the suit land in favour of defendants No.1 and 2 and the said decree was legal and valid. It was further stated that defendant No.3 was in possession of the suit land as tenant under defendants No.1 and 2 as after passing of the decree in question his relationship with the plaintiffrespondent as tenant came to an end. Various other legal objections were also raised with regard to the limitation and jurisdiction of the Civil Court. In the replication filed by the plaintiff, the allegations made in the plaint of the suit were reiterated and the defence taken up by the defendants in their written statement was sought to be controverted.

(3.) ON the basis of the pleadings of the parties, the following issues were framed: