LAWS(P&H)-2018-10-164

CHANAN RAM AND OTHERS Vs. GAJJAN SINGH

Decided On October 12, 2018
Chanan Ram And Others Appellant
V/S
Gajjan Singh Respondents

JUDGEMENT

(1.) The appellant-plaintiffs are in Regular Second Appeal against the concurrent findings of facts and law, whereby, suit claiming declaration as owners in possession in equal shares of share in land measuring 505 kanals, detailed given in the suit (hereinafter called as "suit property") situated in village Alika, Tehsil and District Sirsa by challenging the judgment and decree dated 11.01.1968 passed in civil suit no.32 of 1968 titled as "Kartar Singh vs. Gajjan Singh" to be illegal, null and void, has been dismissed by the trial Court and affirmed by the Lower Appellate Court.

(2.) The appellant-plaintiffs instituted the suit on the premise that Kartar Singh and Gajjan Singh were the tenants over the piece of land measuring 97 bighas 15 biswas owned by one Som Parkash. An application under Section 18 of the Punjab Security of Land Tenures Act for the purchase of aforementioned land was filed and the same, vide order dated 23.05.1963 was allowed. A land comprising of khasra nos.791(7-3), 792(7- 9), 793 (1-15), 794(4-19), 795(7-2), 796(4-13), 797(7-7), 798 (4-14), 799A1-if(8-10), 799 B(1-9), 799 Jaam(5-10), 800 (3-12), 801(6-5), 802(2- 17), 803(24-2) was allotted for a sum of Rs. 40,805.72/- paise. After consolidation, the land measuring 505 kanals was allotted in lieu of land measuring 97 bighas 15 biswas.

(3.) Kartar Singh and Gajjan Singh were the real brothers and children of Roor Singh. Kartar Singh, was a man of feeble mind, whereas, Gajjan Singh being clever person played a fraud upon Kartar Singh by obtaining the judgment and decree aforementioned. Gajjan Singh instituted a civil suit bearing No.423 of 1966 against Kartar Singh claiming himself to be the exclusive owner of the entire land measuring 485 kanals 11 marlas but the aforementioned suit was dismissed on 22.08.1966. However, in appeal, the matter was remitted and the trial Court, vide order dated 08.01.1968, appointed one referee but on 09.01.1968, Gajjan Singh got the thumb-impressions of Kartar Singh on some blank papers required for the purpose of withdrawing the suit but the said blank papers were used for scribing the plaint and filed another suit bearing No.32 of 1968 titled as "Kartar Singh Vs. Gajjan Singh" wherein Gajjan Singh admitted the claim of Kartar Singh and obtained the impugned decree in his favour. Resultantly, rapat roznamcha report dated 17.01.1970 had no binding effect. Plaintiff no.1 was the wife of Kartar Singh, whereas, the remaining plaintiffs were the sons and daughters.