MUNSHI RAM Vs. KAMLA DEVI

JUDGEMENT

(1.) This judgment shall dispose of two appeals being FAO Nos. 559 and 560 of 2003 since they arise out of the same suit and two virtually identical orders passed in two separate appeals arising out of the said suit.

(2.) The facts which are necessary for decision of this case are that the present appellant was the plaintiff in the trial Court. He filed a suit against Amin Chand, predecessor-in-interest of respondents No. 3 and 4 and all the other respondents including Bhagwati Devi. Bhagwati Devi was defendant No. 5 in the said suit. In the suit it was prayed that a decree for declaration be granted to the effect that the plaintiff is owner in possession to the extent of 23/180 share in the suit land. It was also prayed that the judgment and decree in civil suit No. 225/91. titled Kamla Devi v. Ichhiya Devi, decided on 23-9-1991 be declared to be collusive and null and void.

(3.) It would be useful to quote Para 8 of the plaint: