HARDEVI Vs. HUKAM AND OTHERS

JUDGEMENT

(1.) This is an appeal under Section 100 of the Code of Civil Procedure assailing the judgment and decree dated 1.11.2003 passed by Additional District Judge, Panipat (hereinafter described as 'the lower Appellate Court') whereby judgment and decree dated 12.2.2002 rendered by Civil Judge (Junior Division), Panipat (hereinafter referred to as 'the trial Court') was set aside and the suit of the plaintiff-appellant was dismissed.

(2.) Briefly stated the facts are that appellant-Hardevi daughter of Risala filed a suit against respondent no.1-Hukam and Dharma (since deceased), now represented by his legal heirs, who are respondent nos. 2 to 5. The appellant sought a declaration that she was the owner in possession of agricultural land measuring 5 kanals and 1 maria as detailed in the head note of the plaint and that the respondents had got suffered a collusive decree by misrepresenting the facts to her on the pretext of getting a Power of Attorney to manage her land. The appellant being an illiterate lady believed them as respondent no.1 is her brother and Dharma was her uncle. The respondents, by practising fraud, had managed to get a decree qua the land in question on 12.2.1994. Since it was represented to her that they would be managing her land, they gave her some money for one or two years and then stopped paying the same and when she demanded it, she was informed that she is no longer the owner of the land and the respondents have become owner of the land which led to the present proceedings.

(3.) The respondents pleaded that a family settlement had taken place and that they had become owner in possession of the land in question on the basis of the decree which was perfectly valid and that the said decree had been suffered by the appellant out of her own free will and her statement was also recorded to that effect before the competent Court. It was alleged that the appellant is married and is residing with her husband in village Bagru and no fraud was committed upon her.