115

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

CR-2707-2022 (O&M)

Date of Decision : 14.09.2022

Bimla Devi

....Petitioner

VERSUS

Raj Rani and Others

....Respondents

CORAM : HON9BLE MRS. JUSTICE ALKA SARIN

Present :

Mr. Brijender Kaushik, Advocate for the petitioner.

-.-

ALKA SARIN, J. (Oral)

The present revision petition has been filed by the petitioner

challenging the order dated 08.04.2022 whereby the application for

amendment of Issue No.2(b) and shifting the onus of the same on the

defendant-respondents has been dismissed.

The brief facts relevant to the present lis are that the plaintiff-

petitioner filed a suit praying therein as under :

<Suit for a decree for declaration to the effect that the

judgment and decree dated 16.12.1993 passed in Civil

Suit No.446/1993 titled as 8Sant Ram Vs. Ram

Chander9 by the Court of Ms. Neena Chaudhary,

ACJ(SD), Ambala regarding land measuring 266

Kanals 19 marlas comprising in K/R No. 50/64 khasra

Nos. 14//21(7-12), 22(8-0), 23(8-0), 24/2(2-5),24//10/2

(0-4), 10/3 (0-4), 31//16/2(4-0), 24 (2-12), 25 (8-0),

32//20 (8-0), 21 (8-0), 40// 1(8-0), 2 (8-0),3(8-0), 4(8-

TRIPTI SAINI

2022.09.15 13:42

I attest to the accuracy and

authenticity of this document

CR-2707-2022 (O&M)

-2-

0), 5(8-0), 6(8-0), 7(8-0), 8(8-0), 9(8-0), 10(8-0), 11 (8-

0), 12 (8-0), 13 (8-0), 14 (8-0), 15(8-0), 16(8-0), 17 (8-

0), 18(8-0), 19(8-0), 20(8-0), 21 (8-0), 22(8-0), 23(8-0),

24(8-0), 25(8-0), 41//5(9-12), 6/1 (0-10) land situated

within the revenue estate of village Bhanu, HB No. 234,

Tehsil and District Panchkula as per jamabandi for the

year 2007-2008; alleged to be suffered by Sh. Ram

Chander S/o Sh. Radha Ram S/o Sh. Kishan Lal and

mutation No.363 sanctioned on 15-6-1998 of village

Bhanu District Panchkula in favour of Sh. Sant Ram s/o

Sh. Ram Chander on the basis of judgment & decree

dated 16-12-1993; and the Award dated 05.10.2009

passed in Case No.317/CS dated 08.09.2009 by the

Permanent Lok Adalat, Panchkula in case titled

8Harish Kumar Vs. Sant Ram and Others9 alleged to be

suffered by Sh. Sant Ram etc and mutations No. 477

sanctioned on 14.02.2011 of village Bhanu District

Panchkula in favour of defendants on the basis of the

above said Award dated 05.10.2009; in favour of

defendants on the basis of the above said award dated

05.10.200099 and the release deed registered as

Release Deed No.3972 dated 21.02.2011 with Sub

Registrar, Panchukula and mutation No.479 sanctioned

on 31.03.2011 of village Bhanu District Panchkula by

TRIPTI SAINI

2022.09.15 13:42

I attest to the accuracy and

authenticity of this document

CR-2707-2022 (O&M)

-3-

defendant No. 1, 3 & 4 in favour of defendant No.2 on

the basis of the above said Release deed dated

21.02.2011 and the release deed registered as Release

Deed No.151 dated 16.04.2012 with Sub Registrar,

Panchkula and mutation no.494 sanctioned on

14.05.2012 of village Bhanu District Panchkula by

defendant No. 1, 3 & 4 in favour of defendant No.2 on

the basis of the above said Release Deed dated

16.04.2012 respectively and all subsequent alienations

and transfers on the basis of the Award and judgment

& decree etc, are illegal, wrong, nonest, null & void

against the provisions of law and as such does not

effects the right of the plaintiff since the decree is based

upon fraud and

has been obtained

by

mis-

representation and under undue influence practiced by

Sh. Sant Ram s/o Sh. Ram Chander upon late Sh. Ram

Chander s/o Sh. Radha Ram in order to defeat the

rights of the plaintiff, in the said land which is joint

Hindu Family Property and as such is not binding upon

the rights of the plaintiff who is joint owner and in joint

possession to the extent of 1/2^nd share along with

defendants, being the legal heir of late Sh. Ram

Chander s/o