ZAILO Vs. RAM SARAN

JUDGEMENT

(1.) UNSUCCESSFUL plaintiff Smt. Zailo has filed the present R.S.A. which has been directed against the judgment and decree dated 18.2.1995 passed by the Court of Shri M.M. Aggarwal, Additional District Judge, Patiala, affirming the judgment and decree dated 3.8.1993 passed by the Court of Shri S.K. Garg, Sub-Judge, Nabha, whereby the suit of Smt. Zailo plaintiff was dismissed.

(2.) BRIEF facts of the case are that the plaintiff-appellant Smt. Zailo filed a suit for declaration that the defendants are her step brothers and that she had 3/50th share in the suit land and was joint owner with the defendants, who had fiduciary relationship with her. She alleged that the defendants were taking undue advantage; they played fraud upon her and by misrepresentation they obtained a judgment and decree dated 7.12.1989 from the Court of Shri S.S. Hundal, Sub-Judge 1st Class, Nabha, and that the said decree was liable to be set aside. The grounds set up by the plaintiff were that she was an illiterate and simpleton lady. The defendants approached her with a representation that joint holding was to be separated and for that partition proceedings were to be "initiated in the Court. They obtained her thumb impressions upon some blank papers and used the same in the Court. There was no family settlement between her and the defendants with respect to the suit land nor she was ever served in the suit. In these circumstances decree dated 7.12.1989 being illegal, null and void be set aside and she prayed for a declaration to that effect.

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