SUKHBIR KAUR Vs. BALWANT SINGH AND ANOTHER

JUDGEMENT

(1.) This is second appeal filed by Sukhbir Kaur, plaintiff against the judgment and decree passed by learned Additional District Judge, Faridkot whereby the judgment and decree passed by the then Sub Judge 1st Class, Gidderbaha, decreeing the suit of plaintiff and her father Dalip Singh for declaration that she is owner of land measuring 197 kanals 11 marlas as fully defined in head note of the plaint situated in village Channu, District Faridkot and that the judgment and decree passed in civil suit No. 553 of 04.08.1983 decided on 05.08.1983 is illegal and not binding on her right with consequential relief of possession of land measuring 166 kanals 1 marla, was set aside and her suit was dismissed with costs throughout.

(2.) Case of the plaintiff in brief is that suit land measuring 197 kanals 1 marla situated in village Channu, District Faridkot was joint Hindu family property of Dalip Singh. He had adopted Sukhbir Kaur after observing all the formalities and has been keeping and treating her as his daughter. The suit land was given by Dalip Singh to Sukhbir Kaur, out of love and affection and for the services rendered by her. A year before filing of the suit (suit was filed on 26.08.1983), Dalip Singh also agreed to get the mutation of the suit land sanctioned in favour of Sukhbir Kaur. When Dalip Singh did not get the mutation sanctioned in her name, she filed suit bearing No.493 against Dalip Singh in the Court of Sub Judge, Girdderbaha on 19.07.1983 in which Dalip Singh plaintiff appeared in compliance of summons received by him on 10.08.1983 and admitted her claim, as a result of which judgment and decree dated 10.08.1983 declaring Sukhbir Kaur as owner of the suit land, was passed.

(3.) Defendant No. 1 Balwant Singh is the real maternal uncle of defendant No.2 Gurlal Singh-general attorney of plaintiff Dalip Singh. On coming to know of the suit filed by Sukhbir Kaur, they connived and conspired to defraud the plaintiff. In pursuance of their conspiracy, Balwant Singh defendant filed a suit on 04.08.1983 against Gurlal Singh as attorney of Dalip Singh alleging himself to be owner of 166 kanals 1 marla of land on the basis of alleged family partition. On the next day, both i.e. Balwant Singh and Gurlal Singh appeared in the Court and Gurlal Singh, as attorney of Dalip Singh, in order to deprive the plaintiffs of their right to own and possess the suit land fraudulently and collusively filed written statement in the Court admitting the claim of Balwant Singh, defendant No. 1. The Court, unaware of the true state of facts and pendency of previously instituted suit by Sukhbir Kaur against Dalip Singh regarding the suit land, passed the decree dated 05.08.1983 in favour of defendant No. 2 at the instance of defendant No. 1 and they got mutation of 166 kanals 1 marla sanctioned on the basis of decree passed by the Court.