AMINA Vs. RAJA

JUDGEMENT

(1.) Appellant instituted civil original suit in the trial court against the respondents praying therein that judgment and decree dated 5th February 1972 (the decree is in fact dated 22nd April 1975) and the compromise deed dated same date be declared as null and void and be set-aside. It was also prayed that decree for declaration be passed in favour of the plaintiff-appellant declaring her entitled to joint possession and ownership of the land measuring 9 kanal and 5 marlas. The suit was filed inter alia on the ground that mother of appellant-plaintiff Mst. Taja was given 9 kanals & 5 marlas of land under decree dated 5th February 1972 and at that point of time Mst. Taja was minor, the decree and judgment was appealed against before the 1st Appellate Court and on the basis of compromise deed, the Appellate Court passed decree dated 22nd April 1975 giving only 5 kanal to Mst. Taja, though she was minor when the compromise was entered into; the appeal having been filed against Mst. Taja a minor and proceedings have been conducted without appointing next friend for Mst. Taja who was minor, the decree dated 22nd April 1975 is thus nullity and the plaintiff-appellant is entitled to be declared owner of the land subject matter of suit.

(2.) Respondent filed written statement before the learned trial court in which besides pleading other grounds, it was also pleaded that the suit is liable to be dismissed on the ground of res judicata and estopple. The issues were treated as preliminary issues by the trial court and the suit was dismissed. The appeal filed against the decree and judgment of the trial court was also dismissed. The appellant has filed Civil 2nd Appeal.

(3.) Since the Civil 2nd Appeal would be admitted to hearing only when substantial questions of law are involved as is mandate of Section 100 of CPC, this court on 20th April 2012 passed the following order:-