AJMER SINGH Vs. VIRENDER SINGH

JUDGEMENT

(1.) Learned 1st Appellate Court vide Judgment and Decree dated 31.1.1997 dismissed the appeal preferred by Ajmer Singh and Ors. (Defendants No. 1 to 3 in the suit) with costs. This judgment of the learned 1st Appellate Court is assailed in this Regular Second Appeal before this Court.

(2.) In order to deal with respective rival contentions raised before this Court by the learned Counsel appearing for the parties', it would be necessary to refer to bare facts giving rise to this regular second appeal :-

(3.) One Shri Bijja Singh was admittedly owner of the suit property measuring 121 kanals 5 marlas. Virender Singh alias Shiv Kumar claimed himself to be adopted son of Bijja Singh. Claiming the said relation and right of inheritance to the property of Bijja Singh, Virender Singh plaintiff challenged the legality and validity of the judgment and decree dated 5.5.1982 passed by Shri R.C. Godara, Sub Judge, Ambala City. This decree was passed in the suit titled as Ajmer Singh and Ors. v. Bijja Singh. The plaintiff claimed that he was adopted son of Bijja Singh vide registered adoption deed dated 1.6.1979 and on the same day, he also executed a will bequeathing his movable and immovable property in favour of the plaintiff. It was averred that thumb impressions of Bijja Singh were got on the written statement by mis-representation and undue haste. As the decree was obtained by mis-representation, the same was liable to be set aside. An additional ground was taken that the statement of Bijja Singh was never recorded in Court and the suit in regard to agricultural land filed against Bijja Singh was not even maintainable, as such, the decree is not enforceable in law.