BHARPAI Vs. PREM KAUR AND OTHERS

JUDGEMENT

(1.) Plaintiffs Bharpai and Sarvan Devi filed a suit for declaration, which was dismissed by the Additional Civil Judge (Sr.Divn.), Charkhi Dadri vide judgment and decree dated 15.10.2003. In appeal, the said judgment and decree were upheld by the Additional District Judge, Bhiwani vide judgment and decree dated 16.2.2006. Hence, the present appeal.

(2.) Brief facts of the case, as noticed by the lower appellate Court in para Nos. 2 to 6 of its judgment, are as under:- "2. Shorn of details, the claim of the plaintiffs, set up for trial, is that Harnarain, father and husband of parties to the suit, respectively, was owner in possession of the land, in question, measuring 64 kanals - 6 Marlas and after his demise in December, 1994, the said property developed upon them being legal heirs to the extent of their respective shares.

(3.) The next averment, made by the plaintiffs, is that Harnarian never suffered the decree, under challenge, dated 9.3.1994 in favour of defendant No.1 as no family settlement ever took place. So, the same is illegal, null and void being the result of fraud and thus, liable to be set-aside. The said decree is unregistered. Subsequently, the defendant No.1 on the basis of impugned decree, has transferred the land, in dispute, in favour of her sons (defendants No. 2 to 4) having illegally suffered a decree dated 12.1.1995, which also deserves to be set-aside. All these facts and circumstances culminated in the institution of the suit.