JASWANT SINGH Vs. BAHADUR SINGH

JUDGEMENT

(1.) BY this judgment, I am disposing of two petitions, bearing C. R. No. 4384 and C. R. No. 4385 of 1997 as the point raised in both the petitions is similar. For the purpose of this judgment, the facts of C. R. No. 4384 of 1997 have been taken.

(2.) THE petitioners/plaintiffs filed a suit for declaration against the respondents/defendants for restraining the defendants from dispossessing the plaintiffs from the suit land and further restraining the defendants from alienating the suit land. According to the case of the plaintiffs the defendant No. 2 Bahadur Singh was the owner in possession of the suit land being successor in interest of Kheera Singh who expired in the year 1974, and he had duly appointed Satnam Singh s/o Gurdial Singh as General Power of Attorney vide deed dated 27th February, 1963 which was duly registered in the office of the Sub Registrar, Jullundur. It is further the case of the plaintiffs that defendant Bahadur Singh through his said General Power of Attorney sold the suit land to the plaintiffs vide registered sale deed dated 9th June, 1989 for a consideration Rs. 1,37,500 and the said sale deed was duly registered in the office of the Sub Registrar, Guhla.

(3.) ON 1. 6. 1987, respondent/defendant Bahadur Singh through Jagdish Singh as General Power of Attorney holder filed suit No. 488 of 1997 against Surinder Singh for a declaration to the effect that the decree dated 6. 11. 1986, mentioned herein above, was obtained by Surinder Singh by fraud. The aforesaid suit was decreed on 1st May, 1989 by the learned Sub Judge, Kaithal and it was held that the decree dated 6. 11. 1986 obtained by the defendant/respondent Surinder Singh was fraudulent void ab-initio, null and void and was not binding on the rights of plaintiff Bahadur Singh, and accordingly, the said decree was set aside. Aggrieved by the aforesaid judgment, dated 1st May, 1989, Surinder Singh filed the appeal before the learned Additional District Judge, Kurukshetra. During the pendency of the appeal before the learned Additional District Judge, respondent Surinder Singh and respondent Bahadur Singh arrived at a compromise in terms of which Bahadur Singh received a sum of Rs. 38,000.00 from Surinder Singh and Suit No. 488 of 1987 filed by Bahadur Singh stood dismissed.