RAM SINGH Vs. HARDIP SINGH

JUDGEMENT

(1.) THE appellants challenge the judgment and decree dated 08.10.1979, passed by the Additional District Judge, Barnala accepting the appeal filed by the respondents, setting aside the judgment and decree passed by the Sub-Judge, 1st Class, Barnala, dated 30.08.1979 and as a result, dismissing the suit filed by the appellants.

(2.) THE plaintiff-appellants, Ram Singh and Hamir Kaur filed a suit praying for grant of a declaration that the collusive decree dated 09.02.1972, and the mutation No. 4353 dated 08.04.1976 sanctioned thereon be declared null and void. The appellants pleaded that Hamir Kaur, appellant No. 2 is the legally wedded wife of Attal Singh. As they were issueless, they adopted Ram Singh (appellant No. 1) by a registered adoption deed dated 06.04.1960, duly signed by Ram Singh's natural parents and by Attal Singh and Hamir Kaur. Attal Singh however abandoned Hamir Kaur and Ram Singh and began living with Amarjit Kaur who gave birth to five children. Attal Singh, in order to deprive Ram Singh of his share in ancestral property suffered an illegal and collusive decree dated 09.02.1972, transferring the suit land in favour of Hardip Singh, Devinder Singh and Karamjit Singh sons of Amarjit Kaur.

(3.) IT would be necessary to mention here that Attal Singh, who was arraigned as a defendant in the suit, put in appearance before the trial court, but did not file a written statement. He was eventually proceeded against ex parte on 16.05.1976, but subsequently appeared as a witness to depose in favour of the respondents.