MADHUKAR Vs. SANGRAM

JUDGEMENT

(1.) Leave granted.

(2.) Respondents - plaintiffs filed a suit for declaration that they, along with defendant No. 1, were the joint owners in possession of the suit property and also for a declaration that gift deed bearing No. 3041/65 and the two sale deeds dated 28-2-1989 were ineffective insofar as the rights of the plaintiffs concerned. Suit was dismissed by the trial Court. A perusal of the order of the trial Court shows that suit was dismissed inter alia on the ground (1) of limitation and (2) on the ground that decision in an earlier suit, being OS No. 93/71 operated as res judicata against defendant No. 1 only. Before the trial Court, documentary evidence was led, including placing on record copies of entries of public records and decision of the earlier suit (O.S. No. 93/71).

(3.) Against the dismissal of the suit, a first appeal was filed by the plaintiffs - respondents in the High Court. The High Court, after noticing some details from the judgment of the trial Court as also pleadings of the parties, opined that the questions to be decided in the appeal were :