BABU RAM Vs. KUNDAN

JUDGEMENT

(1.) UNSUCCESSFUL plaintiff Babu Ram has filed the present appeal and it has been directed against the judgment and decree dated 7.11.1986 passed by the Court of Additional District Judge, Ambala, who affirmed the judgment and decree dated 7.11.1985 passed by the Court of Sub Judge Ist Class, Jagadhri, who dismissed the suit of the plaintiff-appellant Babu Ram for declaration as prayed for.

(2.) THE brief facts of the case are that Babu Ram filed a suit for declaration to the effect that decree passed in Civil Suit No. 135 of 1981 decided on 11.9.1981 by the Court of Sub Judge Ist Class, Jagadhri in case Sadhu Ram v. Kundan in respect of the land measuring 43 kanals 10 marlas situated in village Akbarpur Teh. and District Ambala as per jamabandi for the year 1976-77 is null and void being based on fraud and mis-representation played by defendants No. 1 and 2 namely Kundan and Sadhu Ram and the said decree does not affect the rights of the plaintiff Babu Ram and defendant No. 3 Rattan to the extent of one half share in equal shares and the plaintiff also prayed for joint possession of the land in dispute.

(3.) NOTICE of the suit was given to the defendants. Defendant No. 2 Sadhu Ram filed a separate written statement and he averred that plaintiff Babu Ram had no locus standi to file the suit; that the decree was passed on the basis of family arrangement; that plaintiff and defendant No. 3 were alloted 13 acres of land situated in village Toda in the said family settlement and there is no joint family. The said decree dated 11.9.1981 is binding upon the plaintiff. The suit is false and fabricated. The plaintiff is estopped by his own act and conduct from filing the present suit; that the plaintiff has no locus standi to file the suit.