AVNEET SINGH Vs. JASWANT SINGH

JUDGEMENT

(1.) Impugned in the present regular second appeal is the judgment and decree dated 27.02.2017, passed by learned Addl. District Judge, Ludhian, reversing the judgment and decree dated 26.11.2013 passed by learned Civil Judge (Jr. Divn.), Khanna, whereby the suit of the plaintiffappellant was decreed. The learned Addl. District Judge, Ludhiana allowed the appeal and dismissed the suit filed by the plaintiff-appellant.

(2.) The facts of the case are that the plaintiff-appellant, who was minor at the time of filing of the suit, filed a suit on 15.06.2004, in which he claimed declaration that he is co-owner in joint possession of the suit property measuring 43 kanals, 7 marlas. He also sought declaration that judgment and decree dated 16.01.1990 passed in Civil Suit No.780 of 28.11.1989, titled as "Jaswant Singh vs Ajaib Singh", is the result of fraud, misrepresentation and undue influence played upon Ajaib Singh by defendant No.1 and that Ajaib Singh was not competent to suffer the decree as it was ancestral joint Hindu family coparcenery property and there was no legal necessity and no family settlement to suffer the said decree.

(3.) It comes out that Ajaib Singh, grandfather of the plaintiffappellant had two sons, namely Surinder Mohan Singh and Jaswant Singh. there is no mention about the daughters in the plaint. It is claimed in the plaint that the suit property was ancestral and coparcenery property in the hands of Ajaib Singh. Defendant No.1 Jaswant Singh is the uncle of plaintiff-appellant filed a suit No.780 of 28.11.1989 against Ajaib Singh claiming that the suit property is the joint Hindu family property. In the said case, Ajaib Singh is stated to have been appeared through his power of attorney and admitted the claim and suffered the collusive decree.