SADHU Vs. KRISHNA DEVITL

JUDGEMENT

(1.) THIS is defendant's second appeal against the judgment and decree passed by both the Courts below decreeing the suit of the plaintiff.

(2.) THE plaintiff Smt. Krishna Devi, who is the niece of the defendant, filed the suit for declaration challenging the Civil Court decree dated 16.8.1991 allegedly passed in favour of the defendant and to declare her the owner of 40 kanals 6 marlas of land being 1/3rd share in the land measuring 121 kanals 6 marlas and further directing the defendant to hand over the possession of the same to her.

(3.) BOTH the Courts below have set aside the said decree and declared the plaintiff as owner of the property in question and directed the defendant to hand over the possession of the same to the plaintiff while recording the finding of fact that the aforesaid decree was obtained by the defendant by impersonation and playing fraud on the Court; the plaintiff never suffered that decree; she never appeared and signed Vakalatnama and written statement. The said finding has been recorded on the basis of the evidence led by the plaintiff. In this case, the defendant has not led any evidence. Even he has not appeared himself as a witness. He only tendered a certified copy of another decree dated 25.5.1989 as Ex.D1.