MALKIAT SINGH Vs. SURJIT KAUR AND OTHERS

JUDGEMENT

(1.) - This is defendant's second appeal against the Judgment and decree of the learned District Judge, Sangrur, whereby on appeal preferred by the plaintiffs against the judgment and decree of the trial Court has been set aside and in consequence thereof, suit of the plaintiffs decreed.

(2.) In brief, the facts are that property in dispute belonged to one Shiam Kaur, Surjit Kaur and Dalip Kaur (respondent herein) alleging themselves to be daughters of Shiam Kaur, filed suit against defendant, Malkiat Singh (appellant herein) for joint possession alleging that decree dated 25.4.1981 passed in civil suit No. 181 dated 25.3.1981 was without jurisdiction, fraudulent and on account of inducement. Plaintiffs also sought decree for permanent injunction restraining the defendant from alienating the land. On appearance, defendant contended that plaintiffs are not the daughters of Shiam Kaur and thus, not entitled to inherit the property belonging to Shiam Kaur. He also contended that he used to reside with deceased Shiam Kaur and decree dated 25.4.1981 was suffered in his favour being her nephew. In replication, plaintiffs reiterated the stand taken in the plaint. The learned trial Court on the basis of pleadings between the parties, framed the following issues :

(3.) Trial Court dismissed the suit by saying that decree dated 25.4.1981 is not illegal and void inasmuch as Shiam Kaur used to reside with Bant Singh i.e. father of Malkiat Singh and she on her own volition suffered decree in favour of Malkiat Singh son of Bant Singh. In appeal, however, the learned District Judge set aside the judgment and decree of the trial Court and decreed the suit. The learned District Judge held that Shiam Kaur did not suffer decree dated 25.4.1981 and the same is result of impersonation. Hence, the second appeal by the defendant.