HAMEEDA BEGUM Vs. INDER KUMAR JAIN

JUDGEMENT

(1.) This appeal is by the defendant No. 1, who has lost in both the Courts. The appeal was admitted on the following substantial question of law:-

(2.) The defendant No. 1 filed a civil suit, namely, Civil Suit No. 266-A/1994 against Inder Kumar and 5 others for declaring the sale deed, dated 2-2-1982 as null and void. The aforesaid civil suit was dismissed by judgment and decree dated 12-1-1998. In first appeal, namely, F.A. No. 96/1998 vide judgment and decree dated 20-2-2004, the High Court partly allowed the appeal and held that the sale deed dated 2-2-1982 to be not binding to the extent of defendant No. 1's share.

(3.) The plaintiff filed a civil suit, from which this appeal arises, on the ground that judgment and decree dated 9-1-1982 passed in Civil Suit No. 15-A/1981 has been obtained by playing fraud. The defendant No. 3 executed the sale deed with the consent of defendant No. 2 in favour of the plaintiff on 2-2-1982. The value of the suit house was more than Rs. 50,000/-. However, the relief claimed in the suit was not properly valued and the fact that defendant No. 2 was the owner of the half portion of the suit house was suppressed. It was also pleaded that the claim in the suit was barred by limitation. Accordingly, the plaintiff sought a decree for declaration that decree passed in the aforesaid civil suit is not binding on the plaintiff.