GURDEV KAUR Vs. JASPAL SING AND ORS.

JUDGEMENT

(1.) BRIEFLY stated the facts of the case are that the plaintiff-respondent, Jaspal Singh, filed a suit for declaration to the effect that decree dated 29.7.1995 suffered by Shamsher Singh, his father (arrayed as defendant No. 1 in the suit) in favour of Gurdev Kaur (present appellant) in civil suit No. 161 dated 15.6.1995 is illegal, null & void as he was the owner in possession of the suit property. It was averred by the plaintiff-respondent that his father-Shamsher Singh, who has since expired, had suffered a decree in his favour in the year 1982. Shamsher Singh had challenged that decree in civil suit No. RT-101 of 22.10.1991/12.8.1991, which was dismissed on 26.7.1993 and the decree in his favour was upheld. The appeal filed against judgment dated 26.7.1993 was also dismissed by Additional District Judge, Ropar. In those proceedings, Shamsher Singh had claimed the ownership regarding the suit property, but his plea was not accepted by the Courts and as a direct consequence thereof, the decree suffered in favour of the plaintiff-respondent on 21.4.1982 was held to be valid. Subsequently, Shamsher Singh, without disclosing the factum of the earlier decree and the litigation referred to above, suffered another collusive decree in favour of the appellant through suit No. 161 of 15.6.1995. The appellant is the brother's wife of Shamsher Singh.

(2.) THE suit was contested by the appellant and the relationship of the plaintiff-respondent with Shamsher Singh was denied and it was pleaded that the decree suffered by Shamsher Singh in her favour was valid and the rest of the averments made in the suit were denied.

(3.) IN the evidence, the plaintiff-respondent examined himself as PW1 and closed his evidence. Thereafter, the appellant examined only Shamsher Singh as DW1 and no other evidence was led by her.