OM PRAKASH Vs. SHIV SHANKAR

JUDGEMENT

(1.) The appellant filed suit for declaration to the effect that he was owner in possession of the agricultural land and the residential house and decree dated 16-5-1980 was void. His case is that he was owner in possession of half share of agricultural land measuring 230 kanals 7 marlas vide decree dated 23-5-1972. He was also entitled to l/5th share of the estate of his father Ram Chander but the defendants fraudulently obtained decree dated 16-5-1980 without service of any notice to the appellant and by filing a written statement with forged signatures of the plaintiff. The fact that Gobind had died, whose name was in revenue record, was also concealed.

(2.) The respondents contested the suit and stated that plaintiff had duly appeared in the earlier suit and was represented by Shri Sajjan Sharma, Advocate and had filed written statement and he made a statement in Court.

(3.) The Trial Court dismissed the suit. It was held that from the evidence of DW-2 Sajjan Sharma, Advocate, it was duly proved that the Vakalatnama and the written statement were filed on behalf of the plaintiff by the said Advocate and the said Advocate had made a statement before the Court on his behalf. The plaintiff had also admitted signatures on the written statement as Mark 'A', though, he stated that he had signed on blank paper which was not proved.