RAJJO Vs. JAWAHAR SINGH

JUDGEMENT

(1.) The plaintiff-appellant had filed a suit for declaration and permanent injunction to say that she was owner in possession of the suit land and that the respondent, who was her brother, had managed to get a decree dated 15.11.1995 in civil suit No. 1133 of 1995 titled as Jawahar Singh v. Smt. Rajjo by which he got the suit property in his favour. The said decree was sought to be challenged by her on the ground of fraud, misrepresentation and also on the ground that the same was not registered as it involved the alienation of immovable property of the value of more than Rs. 100/- and there was no family settlement between them.

(2.) The respondent admitted the relationship of the plaintiff appellant with him and stated that she was his real sister and that mutual settlement had taken place between them and the suit land was given to him and that there was no misrepresentation or fraud and the decree was suffered of her own free volition.

(3.) On the pleadings of the parties, the trial Court framed the following issues: