BOOTA SINGH (DECEASED) THR. LRS Vs. IQBAL SINGH

JUDGEMENT

(1.) Briefly stated facts of the case are that plaintiff Iqbal Singh had brought a suit against defendants Boota Singh, impleading Jinder Singh and Dalip Singh as proforma respondents, seeking a declaration that he is owner in possession of the land measuring 11K-7M situated in Village Maujukhera and that judgment and decree dated 23.02.1983 passed in civil suit titled as 'Boota Singh Vs. Jinder Singh' with regard to the suit land are wrong, illegal, null and void, being result of fraud, misrepresentation as well as concealment of facts and that mutation No.1517 sanctioned on 09.08.1986 on the basis of impugned decree is liable to be set aside and corrected and the plaintiff is entitled to possession of the land or any part thereof.

(2.) As per version of the plaintiff, he is an illiterate person and had good relations with defendant No.1 Boota Singh. The plaintiff wanted to get his land demarcated and defendant No.1 offered to help him in that regard, in the process, obtained his thumb impressions on three blank and one printed paper, misusing those thumb impressions and he got the suit land decreed in his favour by getting the impugned decree passed fraudulently by making misrepresentation and concealment of the facts. The plaintiff sought setting aside of the decree on the following grounds:-

(3.) On refusal of the defendants to admit his claim, the plaintiff brought the suit in question.