MAM RAJ Vs. SAROJ

JUDGEMENT

(1.) By this order, I shall dispose of RSA-2969-2013(O&M) and SAO-56-2002(O&M) filed on behalf of appellant-Mam Raj.

(2.) Briefly stated, facts of the case are that plaintiff Mam Raj claiming himself to be adopted son of Sh. Kirpal Singh, a resident of village Sagga, Tehsil Nilokheri, District Karnal had brought a suit for declaration and permanent injunction against defendants i.e. Smt. Sabiri Devi-widow of Sh. Kirpal Singh, Smt. Saroj-widow of Sh. Mam Chand, Baby Husan-minor daughter of Sh. Mam Chand, Sh. Mahinder Singh son of Sh. Panna Singh as well as State of Haryana through Collector, Karnal.

(3.) In that suit, the plaintiff had challenged the judgment and decree dated 15.9.1989 passed by the then Sub-Judge, Karnal in Civil Suit titled "Mam Chand v. Smt. Satbiri " with regard to land measuring 29 kanals 7 marlas being 1/9th share of the total land measuring 265 kanals situated at village Sagga, Tehsil Nilokheri, District Karnal (hereinafter referred to as the suit property) as well as sale deed No. 1142 dated 15.1.2001 executed by Smt. Saroj-defendant No. 2 in favour of Sh. Mahinder Singh-defendant No. 4 with regard to the land measuring 6 marlas out of the suit land, alleging that the same were result of fraud, misrepresentation and not binding upon rights of the plaintiff. By way of praying for grant of permanent injunction, the plaintiff craved for issuance of a restraint order against defendant No. 4 Sh. Mahinder Singh from alienating/transferring the suit land or part thereof in favour of defendant No. 5.