- (1.) The present Regular Second Appeal is directed against the judgment and decree dated 17.10.1988 passed by the learned District Judge, Jind whereby the appeal filed by the plaintiff-appellant was accepted and judgment and decree dated 27.08.1987 passed by the learned Sub Judge, Ist Class, Narwana were set aside.
(2.) For convenience sake, hereinafter, reference to parties is being made as per their status in the civil suit. The detailed facts are already recapitulated in the judgments of the Courts below and are not required to be reproduced. In brief, the facts relevant for disposal of this second appeal are to the effect that plaintiff Smt. Sukhdei had filed a suit for joint possession of 1/2 share in agriculture land measuring 400 kanals 1 marla as detailed in the head note of plaint and as per jamabandi for the year 1974-75 within the revenue Estate of Sacha Khera Tehsil Narwana on the basis of title because the judgment and decree dated 27.03.1979 passed by Sub Judge IInd Class, Narwana in case Phul Chand etc. Vs. Hardei was result of fraud and is null and void.
(3.) As per plaintiff, namely, Smt. Sukhdei, she is daughter of Moman son of Chunchu. Smt. Hardei was her mother. She died 6/7 months prior to the filing of the suit. As per plaintiff, Smt. Hardei was incapable of understanding the affairs of daily routine as she used to remain ill and was hard of hearing and short of sights, etc. The defendants got executed impugned decree in their favour with the help of some other lady whereas Smt. Hardei never appeared in the Court and had never filed any written statement nor made any statement in the Court of Law at any point of time. The plaintiff also raised an objection that the defendants were not the members of joint Hindu Family with Smt. Hardei nor any family settlement had ever taken place amongst them. Resultantly, the said judgment and decree passed, allegedly at the instance of Smt. Hardei, was an act of fraud and mis-representation and null and void and, as such, Civil Suit before the Court.;