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TRIBHUVAN DAHIYA
Chetan Kaur through Lrs. – Appellant
Versus
Jaspreet Singh – Respondent
JUDGMENT :
(Tribhuvan Dahiya, J.)
This is plaintiff's appeal against the judgment of reversal.
2. The facts of the case as pleaded are, the appellant/plaintiff (hereinafter referred to as 'plaintiff') being represented through LR, filed a suit for possession of 1/3rd share pertaining to Ajaib Singh, son of Sucha Singh in the total land measuring 225 bighas 19 biswas, and for permanent injunction restraining the defendants from selling or encumbering the suit land as well as the houses. Ajaib Singh son of Sucha Singh was real brother of the plaintiff, who died a bachelor on 18.09.2004 leaving behind plaintiff as his only legal representative. The other sister of Ajaib Singh, namely, Amarjit Kaur @ Jeeto predeceased him in the year 1992. After Ajaib Singh's death, the plaintiff is the only successor-in-interest to him. His mother had also predeceased him. When the plaintiff approached halka patwari for entering of mutation in her name, she came to know that suit land already stood entered in the name of defendants No.1 and 2 on the basis of a decree passed in civil suit No.56 of 09.02.1996, decided on 12.03.1996. Ajaib Singh was made to suffer the decree by paying a fraud and he, actua
The judgment emphasizes the importance of evidence in establishing fraud and misrepresentation, the definition of family for the purpose of family settlement, and the requirement of compulsory regist....
Consent decrees based on family settlements cannot be challenged on procedural grounds but only on proven fraud.
Consent decrees based on family settlements cannot be challenged on incorrect facts unless fraud is proven; registration is not required for such decrees when they involve pre-existing rights.
Consent decree-Setting aside of-Decree was procured by fraud on ground of Family settlement-Appellant had no antecedent title, claim or interest in the land in dispute-Contention that there was a fam....
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