LAWS(P&H)-2015-1-445

CHAWLI DEVI Vs. PREM CHAND

Decided On January 27, 2015
Chawli Devi Appellant
V/S
PREM CHAND Respondents

JUDGEMENT

(1.) THIS order shall dispose of three appeals bearing SAO No.8 and ESA Nos.34 and 35 of 2014. SAO No.8 of 2014 is considered as first appeal and the facts are extracted from it.

(2.) IN brief, respondent No.1 filed a suit for declaration that mutation No.13735 pertaining to inheritance of Sh.Juga in favour of Chawli Devi appellant and judgment and decree dated 3.5.1999 passed in civil suit titled as Chawli Devi Vs. Juga Ram are not binding upon the plaintiff, are illegal, null and void and are based upon fraud and concealment of facts, therefore, the same are liable to be set aside. Consequential relief of permanent injunction was also sought to restrain Chawli Devi from interfering into the possession of the plaintiff over the suit land.

(3.) ON the pleadings of the parties, as many as six issues are framed, which are reproduced as under: