Judgment

Mr. Vikram Aggarwal, J.

This is plaintiff’s appeal against the judgment and decree dated 21.01.1993, passed by the Court of Additional District Judge, Karnal vide which the appeal filed by the respondent-defendant Swaran Singh against the judgment and decree dated 30.07.1988, passed by the Senior Sub Judge, Karnal was allowed and the suit filed by the plaintiff was dismissed. The trial Court had decreed the suit filed by the plaintiff.

2. For the sake of convenience, parties shall be referred as per their their original status.

3. The dispute revolves around 8 kanal 2½ marlas of land situated at Village Newal, Tehsil & District Karnal (fully described in the plaint) (hereinafter referred to as ‘the disputed land’), owned by the plaintiff Chanan Singh. The parties to the lis are unfortunately, real brothers. A decree dated 02.12.1978 was suffered by Chanan Singh, who was the owner of the disputed land, in favour of Swaran Singh upon a suit having been filed by the defendant Swaran Singh. By way of the decree, the defendant became the owner of the disputed land. This decree dated 02.12.1978 was challenged by the plaintiff. A suit for declaration was filed claiming that the decree dated 02.12.1978 was illegal and was the result of a fraud. The decree was also challenged on ground that the same had not been registered. It was the case of the plaintiff that he was the owner in possession of the disputed land. Two or three months prior to the institution of the suit, the defendant threatened the plaintiff to dispossess him forcibly from the disputed land. Upon asking, the defendant showed him the decree dated 02.12.1978 and claimed that by virtue of the said decree, he (defendant) had become the owner of the disputed land.

4. The case set up by the plaintiff was that 5-6 years prior to the institution of the suit, the defendant told the plaintiff that he should obtain a loan from the B.D.O. Office, Karnal for the purposes of Dairy Farming on account of lesser rate of interest. The thumb impressions of the plaintiff, who was illiterate, were obtained by the defendant, who was well educated, on a plain blank paper and one thumb impression was also obtained on a printed form. Subsequently, a suit for declaration was filed by the defendant in the Court of Sh. V.K. Jain, the then Senior Sub Judge, Karnal wherein the thumb impressions of the plaintiff were mis-utilized by presenting a power of attorney and written statement. It was claimed that the suit was filed through Sh. Kuldeep Singh Bajwa, Advocate on 01.12.1978 and on 02.12.1978, an admitted written statement was filed through Sh. Vinod Kumar Jain, Advocate on the basis of which the suit was decreed. It was asserted by the plaintiff that he had never gone to the Court, never engaged any counsel, never filed any admitted written statement, no statement was recorded by the then Senior Sub Judge, Karnal, no thumb impression was obtained in the Court and that a fraud was played upon him and he was divested of his land. The decree was further challenged on the ground of non-registration since immovable property of the value of more than Rs.100/- had been transferred by way of a decree.

4(i) On the basis of the decree, requisite entries were also made in the revenue record in favour of the defendant and in collusion with the Patwari Halqa. As per the plaintiff, he came to know about the said decree on 21.12.1982 when the defendant showed it to him. Under the circumstances, the suit was filed.

4(ii) The suit was resisted by the defendant. Preliminary objections with regard to locus standi, cause of action, the suit being time barred, the suit being not maintainable, estoppel, the suit not having been valued for the purposes of Court fee and jurisdiction, the plaintiff being a person with bad intentions as he had cheated many persons etc. were raised. On merits, all averments were denied and it was asserted that the plaintiff himself had suffered the decree with his free will.

4(iii) In