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2000 Supreme(HP) 233

K.C.SOOD
HANS RAJ – Appellant
Versus
PARKASH CHAND – Respondent


Advocates Appeared:
Mr. Bhupender Gupta, Sr. Advocate, with Mr. Praneet Gupta, Advocate, for the Plaintiffs; Mr. R.L. Chaudhary, Advocate, for the Defendants No. 1 to 5; Mr. Ashok Negi vice Mr. R.S. Kanwar, Advocate, for the Defendant No. 6.

JUDGMENT

Kuldip Chand Sood, J.—The plaintiffs have filed this suit for declaration that the judgment and decree passed by this Court on September 24, 1993 in Regular Second Appeal No. 175 of 1989, Parkash Chand and others v. Hans Raj and others, having been obtained by fraud and mis-representation, is illegal, null and void and, therefore, not binding on the plaintiffs with a consequential relief of injunction restraining the defendants No. 1 to 5 from implementing or derieving any benefit arising out of the impugned judgment and decree of this Court, noticed above.

2. The suit, from which R.S.A. No. 175 of 1989 arose, was filed before the learned Sub Judge 1st Class, Kullu in October, 1977. In this suit, plaintiffs prayed for possession of the premises fully described in para 1 of the plaint. It is the case of the plaintiffs that Shri Ram Dass Goel, predecessor-in-interest of defendants No. 1 to 5 and uncle of the plaintiffs, was posted as Teacher in the Government Middle School, Bhuntar. He approached the plaintiffs to allow him and his family members to occupy, temporarily, part of the premises in dispute as he did not have any accommodation to live at Bhuntar. Plaintiffs, out of



















































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