MEENA KUMARI AND ORS. Vs. DUGLU AND ORS.

JUDGEMENT

(1.) THIS Regular Second Appeal is directed against the judgment and decree dated 31.7.2013 rendered by Additional District Judge, Mandi in Civil Appeal No. 100 of 2012.

(2.) "Key facts" necessary for the adjudication of this Regular Second Appeal are that appellants -plaintiffs (hereinafter referred to as the "plaintiffs" for convenience sake) filed a suit against the respondents -defendants (hereinafter referred to as the "defendants" for convenience sake) for declaration, possession and consequential relief of injunction. According to the plaintiffs, subject matter of the suit land is comprised in Khata No. 240/23, Khatauni No. 366, Khasra No. 1173/837 area measuring 0 -1 -0 bighas situated in Mauja Takoli/510, Sub Tehsil Aut, District Mandi. According to the plaintiffs, suit land was recorded in the name of Jagdish Kumar, husband of plaintiff No. 1. The property was given by Jagdish Kumar to the plaintiffs in lieu of compromise in an application under section 125 of the Code of Criminal Procedure. The compromise was effected on 10.1.1994 in case No. 12 -IV/93 in the court of learned Chief Judicial Magistrate, Mandi. They had presented the compromise order before the Halqua Patwari for attestation of mutation. The order of learned Chief Judicial Magistrate has not been implemented by the Patwari. The plaintiffs had also filed an application before the Deputy Commissioner, Mandi. It was marked to Naib Tehsildar, Aut. Naib Tehsildar has illegally registered sale deed No. 77 dated 8.4.2004 on the basis of alleged power of attorney. After the execution of the sale deed, they came to know that power of attorney was obtained from Jagdish Kumar by playing fraud upon him. The plaintiffs had also instituted similar suit on the same cause of action, but due to some technical defects, they had to withdraw the same with liberty to file fresh suit. Cause of action accrued to them on 6.4.2004.

(3.) LEARNED Civil Judge (Senior Division) framed issues on 12.9.2006. He dismissed the suit on 26.9.2012. Plaintiffs filed an appeal before the learned Additional District Judge. He dismissed the same on 31.7.2013. Hence, the present Regular Second Appeal.