SADHU Vs. SMT. KRISHNA DEVI

JUDGEMENT

(1.) This is defendant's second appeal against the judgment and decree passed by both the Courts below decreeing the suit of the plaintiff.

(2.) The plaintiff Smt. Krishna Devi, who is the niece of the defendant, filed the suit for declaration challenging the Civil Court decree dated 16.8.1991 allegedly passed in favour of the defendant and to declare her the owner of 40 kanals 6 marlas of land being ⅓rd share in the land measuring 121 kanals 6 marlas and further directing the defendant to hand over the possession of the same to her.

(3.) The aforesaid Civil Court decree and the consequent sanction of mutation on the basis of the same, has been challenged on the ground that the plaintiff never appeared in the Court in the aforesaid decree; she never served as a defendant; she never filed a Vakalatnama or written statement in the Court; she never engaged any Advocate; and the aforesaid decree was obtained by the defendant by impersonating a lady and playing fraud on the Court.