- (1.) THIS regular second appeal preferred by plaintiff is directed against the judgment and decree dated 24.08.2009 passed by learned Additional Civil Judge (Sr.Divn.), Kaithal whereby suit for declaration, permanent injunction and consequential relief of possession filed by appellant -plaintiff has been dismissed and against the judgment and decree dated 16.11.2012 passed by learned Additional District Judge, Kaithal whereby appeal preferred by appellant -plaintiff has also been dismissed.
(2.) FOR convenience sake, reference to parties is being made as per their status in the suit.
(3.) THE detailed facts are already recapitulated in the judgments of the courts below and are not required to be reproduced. However, the brief facts, as pleaded by the plaintiff are to the effect that property mentioned in plaint was owned and possessed by Dhanpat son of Jee Ram, who died on 10.07.1966. Dhanpat had four sons namely Kundan, Badlu, Chandan and Jamna. Badlu died unmarried in the year 1945, Kundan was married with Phimo, Chandan was married to Sunder and Jamna was married to Rajo alias Phulpati. Phimo wife of Kundan died on 30.12.1926 and Kundan died in the year 1927. Both died issueless. Sunder daughter of Khema, resident of village Kharal, Tehsil Narwana, District Jind was legally wedded wife of Chandan son of Dhanpat and was the mother of plaintiff, who died on 31.04.1999. The father of plaintiff i.e. Chandan died in the year 1934. Jamna -defendant no.1 was born on 21.12.1927. The mother of plaintiff -Sunder was born in the year 1912. The plaintiff is grand -daughter of Dhanpat, born from the wedlock of Chandan and Sunder on 29.03.1933 and her name is duly registered with the registration office. After the death of Dhanpat, defendant no.1 in order to usurp the entire property left by Dhanpat, concealed the existence of the plaintiff and her mother -Sunder widow of Chandan and colluded with revenue officials and succeeded in getting the suit land mutated in his exclusive name vide mutation no.2037. Defendant no.1 also succeeded in transferring the entire land left by Dhanpat (since deceased) in favour of defendants no.2 to 5 through civil court decree passed in civil suit No.393 of 1968 dated 17.10.1968. It was further pleaded that defendant no.1 in collusion with Ram Piari, mother of defendants no.6 to 9 had got manipulated the fraudulent civil court decree in civil suit no.599 of 1990 upto the higher court in favour of defendants no.6 to 9 by impersonation and fraud. Mutation no.2037 dated 19.12.1967 and collusive decree passed in civil suit no.393 of 1968 dated 17.10.1968 were set aside in civil court decree passed in civil suit no.599/90 dated 21.03.1997, being void and ab initio.;