- (1.) Challenge in this appeal is to the judgment and decree dated 20.12.1985 passed by Sh. Arjan Singh, Additional District Judge, Kurukshetra vide which the appeal preferred by the plaintiffs appellants against judgment and decree dated 21.9.1983 passed by Sh. D.D. Yadav, Senior Sub Judge, Kurukshetra was dismissed.
(2.) Briefly stated, Bachni and Bohti Devi daughters of Mansa Ram filed suit for declaration and consequential relief of possession alleging that Mansa Ram father of the plaintiffs and defendant No.6 was owner in possession of the land measuring 206 Kanals 2 Marlas situated at village Kharindwa, Tehsil Thanesar, as described in the plaint. Mansa Ram died about 2-3 months prior to the filing of the suit. Defendants No.1 to 6 obtained a fraudulent decree dated 19.11.1974 by mis-representing and on the basis of alleged family settlement. Mansa Ram never appeared in the Court nor engaged any counsel in the suit nor he made statement before the Court so, decree dated 19.11.1974 is the result of impersonation as fictitious person was produced in the Court to get the said decree.
(3.) On put to notice, the defendants contested the suit on the ground that plaintiffs were not related to Mansa Ram deceased and defendants are the real heirs of Mansa Ram. They had been living with Mansa Ram at village Kharindwa since long and rendering service to him. Thus, Mansa Ram transferred the land in their favour on the basis of family settlement and that ultimately, culminated into decree dated 19.11.1974. It was denied that the said decree was result of fraud or impersonation.;