M.M.KUMAR
Madan Lal – Appellant
Versus
Rajesh Kumar (Deceased) – Respondent
M.M.Kumar, J.
1. This is defendants appeal filed under Section 100 of the Code of Civil Procedure, 1908 (for brevity, the Code) challenging concurrent findings of fact recorded by both the Courts below holding that the judgment and decree dated 21.4.1998 passed in Civil Suit No. 1270 of 1987 was obtained by fraud and impersonation by the defendant-appellants and the same was never suffered by the plaintiff-respondent Chandrawati (now represented by her L.Rs.). It has further been held that the suit of the plaintiff-respondent was within the period of limitation and that the defendant-appellants cannot claim continuation of their tenancy rights in the suit land. In order to maintain clarity, the parties to litigation are being referred to as per their original nomenclature in the suit by adding suffix of appellants and respondents, although plaintiff Chandrawati is represented by her legal representative.
2. Brief facts of the case are that one Chandrawati used to live with her husband at Village Tosham. She lost her husband Om Parkash at young age. Jagdish Chander defendant-appellant No. 2 is the elder brother of her deceased husband. Defendant-appellant No. 1 Madan Lal is
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