- (1.) The present regular second appeal has been directed against the judgments and decrees passed by the courts below whereby the suit filed by the plaintiffs Joginder Singh and another (appellants herein) was dismissed by the trial court and the findings recorded by the trial court were affirmed in appeal, decided by the Additional District Judge, Ferozepur.
(2.) The appellants-plaintiffs filed suit for possession as owners being heirs of late Nand Singh in regard to suit land measuring 24 kanals 03 marlas being 2/15th share of 181 kanals, detailed in the head note of the plaint. It is averred that the suit land was owned by Nand Singh and the appellants being heirs of Nand Singh are entitled to suit land on the basis of natural succession. The judgment and decree dated 6.9.1983 in respect of land measuring 60 kanals 07 marlas including suit land is null and void, result of fraud, undue influence and collusiveness. Nand Singh had two sons namely Joginder Singh, plaintiff and Gurman Singh, defendant and they constituted a joint Hindu family and land in the hands of Nand Singh was coparcenary property. In 1971, there was disruption of joint Hindu family status and land was divided into three equal shares. One share was retained by Nand Singh and other two shares were given to his sons on the basis of family settlement and decree dated 19.11.1971 was passed by the civil court.
(3.) Defendants No. 4 to 6, sons of Gurnam Singh filed suit in the court of Sub Judge, Zira against Nand Singh claiming that they are owners of the land measuring 60 kanals 07 marla and in that suit, Nand Singh admitted claim of the plaintiffs and it was decided in favour of defendants No. 4 to 6. Nand Singh passed away on 20.10.1983 and was survived by the plaintiffs and defendants No. 1 to 3. The plaintiffs and defendants No. 1 to 3 had become owners of the land owned by Nand Singh. The transfer of land by Nand Singh by way of decree was null and void. Defendants No. 4 to 6 intentionally made a false statement that land was coparcenary between Nand Singh and them. Nand Singh was an old man, not in sound disposing mind when he filed the written statement in the aforesaid civil suit. It was concealed from the court that there had been disruption of joint Hindu family. Decree was obtained by undue influence, collusiveness and fraud which also contravenes provisions of the Stamp Act, Registration Act and is not binding upon the plaintiffs.;