CHARANJIT SINGH Vs. JAGTAR KAUR (DEAD) THROUGH LRS

JUDGEMENT

(1.) Defendants are in second appeal against judgment and decree dated 21.04.1987 passed by Additional District Judge, Sangrur whereby judgment and decree dated 26.04.1985 passed by Sub-Judge 1st Class, Dhuri was set aside and judgment and decree dated 06.10.1979 was declared ineffective, illegal, null and void and against the rights of the plaintiff.

(2.) Plaintiff Jagtar Kaur filed a suit for declaration to the effect that she is owner in possession of 1/4th share measuring 10 Bighas 3 Biswas 15 Biswansies out of land measuring 40 Bighas 15 Biswas 15 Biswansies as shown in the plaint. Judgment and decree dated 06.10.1979 was assailed to be collusive, ineffective, illegal, null and void. Prohibitory injunction was also sought, restraining the defendants from alienating 1/4th share of the land in any manner.

(3.) Plaintiff alleged that parties to the litigation were Hindu Jat Sikhs and she inherited the land in dispute after the death of her parents. She never transferred the land in question in favour of defendants by way of any family settlement, nor delivered the possession of the land. Defendants by way of misrepresentation got the suit land transferred in their favour through the Court decree. Plaintiff was confined to bed on account of mental ailment and she remained bed-ridden for a considerable time. On recovery she came to know about the transfer by way of civil Court decree declaring the defendants to be owners of the land in question. The civil Court decree dated 06.10.1979 was claimed to be fraudulent.