CHANAN SINGH @ CHARAN SINGH Vs. SWARAN SINGH

JUDGEMENT

(1.) The plaintiff-appellant is in the Regular Second Appeal against the judgment passed by the learned First Appellate Court reversing the judgment passed by the trial Court.

(2.) Parties to this litigation are brothers. The plaintiff-appellant filed a suit for declaration claiming that the judgment and decree dated 011978 is illegal, null and void. He has further submitted that the decree is result of fraud and misrepresentation and the decree cannot be used for the purpose of transferring the property as the decree is not registered.

(3.) The defendant contested the suit pleaded that the plaintiff is not even residing in the village but also has sold his remaining property to different persons. It is further claimed that the plaintiff never remained in cultivating possession of the land after passing the decree. It was claimed that the Civil Court decree was passed after the plaintiff admitted the claim made by the defendant(plaintiff) in the earlier suit. The defendant denied that fraud was played upon plaintiff.