SMT. KRISHNA RAI Vs. PREM CHAND AND ANR.

JUDGEMENT

(1.) THIS is plaintiff's Regular Second Appeal against the judgment and decree of the District Judge, Sirsa, whereby the relief partly granted by the Subordinate Judge, too, was declined.

(2.) BRIEFLY put, the plaintiff filed suit for declaration to the effect that she is owner of possession of double -storeyed house situated at Sirsa, as per details given in the heading of the plaint, which she purchased vide sale deed dated 8 -9 -1959 from one Shrimati Man Kaur. She further prayed that decree dated 28.5.1975 as amended on 22.9.1979, passed in Civil Suit No. 502 of 1975 titled 'Prem Chand v. Tharia Ram' is null and void and not binding on the rights of the plaintiff. The plea of the plaintiff was that in fact she purchased the house in dispute for a valuable consideration of Rs. 7500/ - and, thus, was the real purchaser of the same, contending thereby that defendant No. 2 Tharia Ram was only a benami and as such had no right to transfer this property in favour of Prem Chand -defendant No. 1.

(3.) ON the pleadings of the parties, the following issues were framed by the trial Court : -