RAJESH SINGH AND ANOTHER Vs. BALBIR SINGH

JUDGEMENT

(1.) I have heard the parties and perused the records of this case.

(2.) The challenge in this appeal is made to the judgment and decree passed by the Additional Sessions Judge, Hisar in Appeal No.2-C-A of 2009 dtd. 25/1/2011 by which he has affirmed the judgment and decree passed by the Additional Civil Judge (Sr.Divn.), Hisar in Civil Suit No.288-C of 2005 dtd. 26/11/2008.

(3.) The appellants here were plaintiffs before the trial Court and obviously, respondent was the defendant. Civil Suit was filed for declaration that the plaintiffs are having title over half share in the agricultural lands of Khasra No.88//15(80) measuring 16 Kanals situated at Village Agroha, Tehsil and District Hisar and further that release deed bearing No.1775 dtd. 12/6/2001 ( brought on record by the plaintiffs as Ex.P-4) is null and void without consideration and not enforceable against the plaintiffs and, thus, not binding upon them as the same is based onmisrepresentation and fraud and, thus, is liable to be set aside and subsequent entries in the revenue records are also liable to be set aside and corrected in the names of plaintiffs in place of defendant. The plaintiffs sought further relief for passing a decree of permanent injunction restraining the defendant from interfering in the peaceful possession of the plaintiffs over the aforesaid land and further, for restraining him from claiming himself to be the owner of the aforesaid land and from alienating, transferring or incumbering the property in dispute in favour of the third party.