MOHAN LAL PIPPAL Vs. SHANTI DEVI AND OTHERS

JUDGEMENT

(1.) Defendant-Appellant is in the Regular Second Appeal against the concurrent findings of fact arrived at by both the Courts below.

(2.) Plaintiff-Respondent No.1 filed a suit for declaration to the effect that the judgment and decree dtd. 24/12/1987 and consequent mutation of the land are void, ab initio, illegal and not binding on the rights of the plaintiff. It may be noted here that the previous suit was filed by the defendants claiming that there is exchange of properties between plaintiff and defendants. Smt. Ganga Devi, plaintiff in the aforesaid suit and the defendant herein (appellant is legal heirs of Ganga Devi) claimed that she has been allotted residential plots in Rewari and Shanti Devi who is owner of the suit land have exchanged their properties. In other words, Smt. Shanti Devi has in lieu of suit land have received plots at Rewari. The written statement was filed admitting the contents of the plaint and the learned Court passed a decree on the basis of consent of the parties.

(3.) Smt. Shanti Devi, plaintiff-respondent filed a suit challenging the aforesaid judgment and decree and consequent mutation claiming that Smt. Ganga Devi was never owner of any residential plot at Rewari. Husband of Ganga Devi who was MLA, was very clever. Initially, they jointly started a business of hatchery in partnership which after sometime same was closed and a new business was started which also did not yield profits and accordingly defendant-Ganga Devi retired. The civil decree has been obtained by misrepresentation and fraud.