JAI RAM AND ORS. Vs. JAGDISH AND ORS.

JUDGEMENT

(1.) This was Regular Second Appeal filed by appellants-plaintiffs Jai Ram and others (hereinafter referred to as the "appellants") impugning the judgment and decree dated 28.09.2012 passed in Civil Suit No.40 of 2007 by learned Additional Civil Judge (Senior Division), Sonepat, dismissing the suit for declaration and permanent injunction filed by appellants against respondents-defendants Jagdish and others (hereinafter referred to as the "respondents"), which was upheld by the first appellate Court vide judgment dated 05.01.2015.

(2.) The relevant facts are as under:-

(3.) The respondents contested the suit. In the written statement filed by respondent No.1 Jagdish, preliminary objections with regard to maintainability of the suit, locus standi of the appellants, cause of action and concealment of material facts etc. were raised. He alleged that the impugned decree was passed on 10.11.1994 whereas the suit was filed on 13.02.2007. He also submitted that Brahmi Devi had suffered the impugned decree out of her own sweet will and no fraud was played upon her. The land conveyed under the impugned decree was separate property of Brahmi Devi and she was absolute owner of the same. The decree was in knowledge of all the family members right from the very beginning. Since he used to take care of his mother whereas his brothers never served her, she suffered the decree in his favour. Claiming to have received confirmed title vide the decree, he pleaded that the sale deeds were rightfully executed by him.