MALKIAT SINGH Vs. JASBIR SINGH AND ORS.

JUDGEMENT

(1.) The present appeal has been preferred by the appellant - plaintiff against the judgment and decree dated 28.02.2013 passed by the learned Additional District Judge, Ferozepur, vide which the appeal filed by him against the judgment and decree dated 04.10.2010, passed by the learned Civil Judge (Jr. Division), Abohar, has been dismissed.

(2.) For the sake of convenience, the status of the parties is being mentioned as in the original suit.

(3.) Appellant -plaintiff has filed the suit for seeking declaration that he and defendants no.2 to 5 are owner in possession of the suit land measuring 18 Kanals 3 Marlas as detailed and described in the head note of the plaint situated within the revenue estate of Village Rai Pur, Tehsil, Abohar, District Ferozepur. The judgment and decree dated 14.03.1992 passed in civil suit no. 1327 dated 24.12.1991 passed by the then Learned Additional Senior Sub Judge, Abohar is illegal, void ab initio, based on fraud and misrepresentation and is ineffective upon the rights of the plaintiff as well as defendants no.2 to 5. he has also challenged the sale deed bearing Vasika no. 4851 dated 23.01.2001 executed by defendant no.1 in favour of defendant no.6 and the subsequent mutation. He also sought the consequential relief of permanent injunction restraining defendants no. 1 and 6 from alienating the suit property in any manner.