SONA RAM Vs. MULAKH RAJ ALIAS LEKH RAJ

JUDGEMENT

(1.) This second appeal is by plaintiff (now represented by appellants) against the judgment and decree of the Courts below whereby his suit for declaration has been dismissed.

(2.) Plaintiff filed suit for declaration to the effect that he is owner in possession of the land in suit and the judgment and decree dated 13.9.1990 of Shri T.C. Tanwar, Sub Judge, 1st Class in Suit No. 1730 of 1990 tilted Suna Ram v. Mulakh Raj has been procured by the defendant through fraud, impersonation and does not affect his proprietary as well as possessory rights in respect of the suit land.

(3.) Defendant, who is none else but the son-in-law of plaintiff Suna Ram, put in appearance, filed written statement and controverted the various material averments made in the plaint. Defendant specifically denied that the judgment and decree was obtained by fraud or impersonation.