- (1.) By this common judgment, I am disposing of two appeals i.e. RSA No. 432 of 2011 titled Smt. Lali Devi and others v. Jai Singh and others and RSA No. 440 of 2011 titled Subhash Chand v. Inder Singh and others. Civil Suit No. RBT 719 of 1998/2004 was filed by Sher Singh against Jai Singh etc. out of which RSA No. 432 of 2011 has arisen. The said second appeal has been filed by five daughters/legal representatives of Sher Singh original plaintiff, since deceased. Civil Suit No. 145 of 1998/2000 was filed by Subhash Chand and others against Inder Singh etc. Sher Singh was plaintiff No. 5 in that suit. RSA No. 440 of 2011 has arisen out of the said suit Said appeal has been filed by Subhas Chand-plaintiff No. 1 alone. Both the suits were consolidated and dismissed by common judgment and decrees dated 03.11.2007 by learned Additional Civil Judge (Senior Division), Mohindergarh. Both first appeals arising out of the said two suits have been dismissed by learned Additional District Judge, Narnaul vide common judgment and decrees dated 05.10.2010. Feeling aggrieved, these two second appeals have been preferred.
(2.) Amaria @ Amar Chand common ancestor of the parties had four sons namely Sher Singh, Ramphal, Jage Ram and Subhash Chand and two daughters namely Suthia and Bhagwani. Against all of them, suit No. 281 dated 16.03.1996 was filed by sons of Ramphal and Jage Ram. Jai Singh son of Ramphal claimed to be adopted son of Sher Singh. Plaintiffs of that suit sought declaration that they are owners in possession of the suit land, pursuant to family settlement. Defendants of that suit i.e. sons and daughters of Amar Chand filed written statement admitting the claim of plaintiffs of that suit and also made statement in Court admitting the said claim. Thereupon the said suit was decreed vide consent judgment and decree dated 15.04.1996.
(3.) The said judgment and decree dated 15.04.1996 have been challenged in both the present suits alleging that the same were obtained by fraud. Sher Singh alleged that his thumb impressions were obtained on blank papers on the pretext of getting him old age pension whereas some others alleged that their thumb impressions/signatures were obtained on some papers on the pretext of seeking partition of joint land. It was also alleged that Jai Singh was never adopted by Sher Singh. It was also alleged that there was no family settlement and there could be no family settlement with daughters of Amar Chand who were residing in their matrimonial homes. Some other similar pleas were also raised.;