SOM DUTT SHARMA Vs. SHAKUNTLA DEVI AND ORS

JUDGEMENT

(1.) This revision petition is directed against the order dated 21.12.2012 passed by Civil Judge (Senior Division) Court No.1, Una, District Una, in CMA No. Obj-Pet. No. 1/12/2008.

(2.) "Key facts" necessary for the adjudication of this petition are that the respondent/decree holder (hereinafter referred to as the "decree holder" for convenience sake) filed a civil suit bearing C.S. No. 154/95 RBT No.278/98/95 against the petitioner/judgment debtor and proforma respondents (hereinafter referred to as to the judgment debtors).

(3.) According to the averments contained in the plaint in C.S. No.154/95, Achhari Devi and Maya Devi were the wives of two real brothers. Maya Devi had gifted the land to the husband of the decree holder (Shakuntla Devi) vide registered gift deed dated 5.8.1975. Achhari Devi sold the land vide registered sale deed dated 7.8.1990 to the decree holder. Thus, the plaintiff had become owner in possession of the suit land. Maya Devi had earlier filed a civil suit No.135/90 against the decree holder. The suit was partly decreed by the learned Senior Civil Judge, Una on 25.5.1995.