JAGDISH Vs. HARI SINGH

JUDGEMENT

(1.) Present Regular Second Appeal is directed against the concurrent findings having been recorded by both the Courts below, whereby, suit filed by the plaintiff was dismissed by the Court of first Instance vide judgment and decree dated 12.12.2007. The appeal filed by him was also dismissed by learned Additional District Judge, Gurgaon vide judgment and decree dated 14.05.2008.

(2.) For the sake of convenience, parties are being referred to as per their status before the Court of first Instance.

(3.) Relevant facts of the case for the purpose of decision of this appeal; that the plaintiff filed a suit for declaration that the judgment and decree passed in Civil Suit No. 447 of 18.9.1991 [Ex.PF] titled Jagdish Vs. Hari Singh and subsequent mutation No. 3083 [Ex. PH] and other revenue entries are illegal, null and void based on fraud and also sought relief of permanent injunction restraining the defendant from interfering in the peaceful possession of the suit land.