MANJIT SINGH Vs. SHANTI DEVI

JUDGEMENT

(1.) UNIT No. 142 comprising Khasra Nos. 2411 to 2417, 2428 and 2429 and Unit No. 140 comprising Khasra Nos. 2405, 2406, 2408, 2409, 2410, 2418, 2419 and 2420 situate in the town of Dharmsala were held to be the evacuee property. The Custodian Department, therefore, sold Unit No. 142 to Amar Singh, the husband of Respondent 1-plaintiff whereas Unit No. 140 was sold to Roop Singh, predecessor-in-interest of the defendant-appellants herein, through registered conveyance deeds.

(2.) IN the year 1968, Roop Singh, the predecessor-in-interest of the appellants herein brought a suit in the Court of Sub-Judge, Dharmsala for declaration that an area measuring 390 sq feet is the part of Unit No. 140. In the said suit, the husband of plaintiff-respondent herein was impleaded as defendant. The trial court did not find the title of the predecessor-in-interest of the appellants in the said land. Consequently, the suit was dismissed. The appeal preferred before the first appellate court was dismissed and the second appeal filed before the High Court also met with the same fate.

(3.) THE respondent-plaintiffs thereafter preferred an appeal before the first appellate court. The first appellate court taking a curious view of the matter, allowed the appeal. It was held that since in the earlier suit the defendants were found having no title to the land or in possession over the land and, therefore, the respondent-plaintiff has a title to the land. However, in the same breath the first appellate court held that the suit is not barred by the principle of res judicata. In that view of the matter, the decree of the trial court was set aside and the suit stood decreed. The appellants thereafter preferred a second appeal before the High Court.