LAWS(P&H)-1995-12-126

RAM DHARI Vs. DARBO

Decided On December 20, 1995
RAM DHARI Appellant
V/S
DARBO Respondents

JUDGEMENT

(1.) This order shall dispose of regular second appeal Nos. 1997 and 1998 of 1981.

(2.) This is defendants-vendees' second appeal against judgment and decree of the Additional District Judge whereby judgment and decree of the trial court was set aside and suit of the plaintiff decreed as prayed for.

(3.) Briefly put, one Balwant singh (died during the pendency of the suit) was owner of land measuring 68 kanals 11 marlas, which was his ancestral property. Ram Kumar-defendant No. 1 filed a suit through his uncle Singh Ram against Balwant Singh on 20.3.1971 and obtained a decree for possession of land in dispute on 5.4.1971. Plaintiff who is sister of Balwant Singh challenged the judgment and decree dated 5.4.1971 terming it to be null and void on various grounds as given in the plaint. Balwant Singh filed written statement and demied the various material averments made in the plaint. He even denied that the plaintiff was his sister.