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2019 Supreme(P&H) 1889

AMIT RAWAL
Prem Singh & Others – Appellant
Versus
Karam Singh (since Deceased) Through L. rs & Others – Respondent


Advocates Appeared:
Mr. Arun Gupta, Advocate, for the appellants (in RSA No.839 of 1987); Mr. C.S.Singh, Advocate, for the appellants (in RSA No.1066 of 1987); Mr. Deepak Sharma, Advocate, for the respondents

JUDGMENT

Amit Rawal, J. - This order of mine shall dispose of two Regular Second Appeals bearing No.839 and 1066 of 1987 arising out of the decision rendered in one Civil Suit No.250 of 1980 titled as "Karam Singh & others Versus Rai Sahaib & others". The facts are being taken from RSA No.839 of 1987.

2. Respondent-plaintiffs sought the decree of possession regarding half share in the land and house on the premise that Sohel Singhalias Sohelu son of Man Singh was the owner of the property. He had two daughters, namely, Joginder Kaur alias Jogindro and Mohindro. Plaintiffs are the successors-in-interest of Jogindro. About 6/7 months and 3 months prior to the institution of the suit, Sohel Singh alias Sohelu and Jogindro died. Plaintiffs were astonished to know that defendant No.1, namely, Rai Sahib obtained the mutation in his favour and when contacted, it was disclosed that Rai Sahib (husband of defendant No.2 Mohindro) obtained a fraudulent decree dated 15.03.1976 in Civil Suit No.342 of 1976. The decree, according to the averments, was on account of the fraud having been played upon Sohel Singh alias Sohelu. The decree required registration as the son-in-law did not have pre-exist

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