M.L.SINGHAL
Khazani – Appellant
Versus
Ram Kishan – Respondent
M.L.SINGHAL, J.
1. Smt. Khazani is daughter of Roop Chand son of Ramji Lal. Roop Chand was owner of 1/2 share of the land as detailed in the heading of the plaint. Roop Chand transferred the land in suit in favour of Ram Kishan son of Prit Singh by means of judgment and decree dated 5-2-1975. Smt. Khazani filed this suit for possession of 1/2 share of the said land as detailed in the heading of the plaint on the basis of Will dated 6-12-1974 executed by her father in her favour or in the alternative, as daughter of said Roop Chand namely civil suit No. 79 of 1982 titled Smt. Khazani V/s. Ram Kishan. She challenged the judgment and decree dated 5-2-1975 suffered by Roop Chand in favour of Ram Kishan defendant being of no effect on her rights as the subject matter of the decree was of the value of more than Rs. 100/-, which could not be orally transferred even by a decree after 1955 as it violated the statutory provisions and such transfer could be effected by a registered instrument alone. Earlier, Roop Chand had filed suit for declaration to the effect that judgment and decree dated 5-2-1975 titled "Ram Kishan V/s. Roop Chand" was illegal and not binding on his (Roop Chands
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