RAM NIWAS Vs. SATISH KUMAR

JUDGEMENT

(1.) The present revision petition has been preferred by the petitioner against the order dtd. 13/12/2016 passed by the Civil Judge (Jr. Divn.) Sonipat, vide which application filed by the defendant/petitioner under Order 14 Rule 2 CPC was dismissed.

(2.) Perusal of the record would show that a civil Court decree dtd. 21/8/1993 was passed in favour of the petitioner in a Civil Suit No.400/1993 titled 'Ram Niwas vs. Sri Chand' thereby declaring the present petitioner owner in possession of plot in Prabhu Nagar, Mandi Sonipat. Vide civil Court decree dtd. 10/5/1985 passed in a civil Suit No.463/85, plot measuring 43 1/2 x 39' situated within municipal limit of Sonipat was decreed in favour of Kailash Chand son of Siri Chand in a suit titled 'Kailash Chand vs. Siri Chand'. The properties involved in the aforesaid two civil Court decrees were different properties and father of the parties gave the same to his two sons.

(3.) Petitioner filed Civil Suit No.327-RBT of 2012 dtd. 9/1/2012 for declaration and permanent injunction against the respondent challenging the sale deed dtd. 16/9/2011. Father of the petitioner Sri Chand died on 13/12/2011. The sale deed was set aside vide judgment and decree dtd. 14/12/2015. In the aforesaid suit, the defendant also alleged that the civil court decree dtd. 21/8/1993 was an act of fraud upon Sri Chand which was played upon the petitioner. Defendant alleged that father of the parties had not relinquished all his rights with possession in favour of Ram Niwas (petitioner) as per family settlement in the year 1991. Respondent denied that the plaintiff had obtained the judgment and decree dtd. 21/8/1993. In the defence set up by the present respondent in the aforesaid suit, the said decree dtd. 21/8/1993 was claimed to be illegal without setting up any counter claim in the said suit, nor any cross suit has been filed. In the aforesaid suit, issues No.1 and 2 were framed to the following effect:-