SMT. LALI Vs. SMT. SARTLI AND ANOTHER

JUDGEMENT

(1.) Feeling aggrieved against the concurrent findings of facts recorded by both the learned courts below, whereby her suit for declaration was dismissed by the learned trial Court, vide its impugned judgment and decree dated 20.7.2011 and her first appeal was also dismissed by the learned first appellate court, vide impugned judgment and decree dated 16.12.2014, upholding the judgment and decree of the learned trial Court, unsuccessful plaintiff has approached this Court by way of present regular second appeal.

(2.) Brief facts of the case, as noticed by the learned first appellate court in para 2 of the impugned judgment, are that Tula had three daughters namely Lali (plaintiff), Sarti (defendant No.1) and Kamla (defendant No.2) and had wife Ram Dei. Tula was owner in possession of the suit property in his life time. All sisters and both the parties were married. Plaintiff used to reside along with her husband in village Kanwarpura, Tehsil Kotputli whereas proforma defendant had been residing in village Kanwarpura but defendant No.1 had been residing in village Bachod for the last 10-12 years. It was further averred that contesting defendant No.1 got impugned judgment, decree in her favour qua the suit property on the basis of family settlement and impugned mutation was got sanctioned on the basis of impugned judgment and decree, therefore impugned judgment, decree was wrong, illegal, null and void, result of fraud and misrepresentation, therefore, impugned judgment, decree and impugned mutation were liable to be set aside on the following grounds:-

(3.) Tula Ram died on 21.05.2004 when both sisters came on her parental house on account of death of their father, then talk took place in respect of partition of the suit property. At that time it came in the notice of plaintiff that defendant No.1 got suffered impugned judgment and decree and got mutation on the basis of judgment and decree.