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2009 Supreme(P&H) 576

RAJIVE BHALLA
Ram Singh And Another – Appellant
Versus
Hardip Singh And Others – Respondent


Judgment

Rajive Bhalla, J.

1. The appellants challenge the judgment and decree dated 08.10.1979, passed by the Additional District Judge, Barnala accepting the appeal filed by the respondents, setting aside the judgment and decree passed by the Sub-Judge, 1st Class, Barnala, dated 30.08.1979 and as a result, dismissing the suit filed by the appellants.

2. The plaintiff-appellants, Ram Singh and Hamir Kaur filed a suit praying for grant of a declaration that the collusive decree dated 09.02.1972, and the mutation No. 4353 dated 08.04.1976 sanctioned thereon be declared null and void. The appellants pleaded that Hamir Kaur, appellant No. 2 is the legally wedded wife of Attal Singh. As they were issueless, they adopted Ram Singh (appellant No. 1) by a registered adoption deed dated 06.04.1960, duly signed by Ram Singhs natural parents and by Attal Singh and Hamir Kaur. Attal Singh however abandoned Hamir Kaur and Ram Singh and began living with Amarjit Kaur who gave birth to five children. Attal Singh, in order to deprive Ram Singh of his share in ancestral property suffered an illegal and collusive decree dated 09.02.1972, transferring the suit land in favour of Hardip Singh, Devinder

























































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