JAGDISH Vs. RAJWANTI

JUDGEMENT

(1.) THIS Regular Second Appeal is directed against the judgment and decree dated November 23, 2002, passed by Addl. District Judge, Rohtak, setting aside the judgment and decree dated December 22, 1998, passed by Civil Judge (Junior Division), Rohtak.

(2.) THE appellant herein, is the defendant in the suit filed in the Court of Civil Judge (Junior Division), Rohtak, by the respondent, challenging the judgment and decree dated December 22. 1995, passed in a Civil suit titled Jagdish v. Rajwanti. From the facts on record, it has emerged that the appellant/defendant is sister's son of Rajwanti-plaintiff. Rajwanti suffered a decree dated december 22, 1995 in the suit filed by the appellant against her in respect to 1/10th share of the land measuring 246 kanals and 17 marlas. In terms of the aforesaid decree, the appellant was declared as the owner in possession of 1/10th share on the basis of an alleged family settlement arrived at between the parties. The decree was a consent decree passed on the basis of the consent written statement and statement of rajwanti recorded before the Court.

(3.) THIS decree came to be challenged by the respondent in Civil Suit No. 334 of 1997 before the Trial Court on two grounds, (i)that the decree has been procured by fraud and (ii) there was no pre-existing right of the defendant, hence, the decree required registration.