MOHAN Vs. ANANDI

JUDGEMENT

(1.) The only question that was argued in this appeal by the learned Senior Counsel for the appellants, Shri V. A. Bobde was whether the present suit out of which this civil appeal arising was hit by the principles of res judicata. We may at once point out that on this issue, the trial court, the firstappellate court and the High court have concurrently found that the suit was not hit by the principles of res judicata. Nonetheless, learned Senior Counsel strenuously argued the matter to persuade us to hold that the present suit was barred by the principle of res judicata.

(2.) Before we go into the details of the matter, we would like to point out that this case on an earlier round of litigation came up before this court in Civil Appeal No. 473 of 1966 when this court by judgment dated 3/3/1971 remanded the case to the trial court to consider and decide the issue relating to res judicata. The trial court considered and decided the issue after remand in the negative. The first appellate court and the High court concurred with the view taken by the trial court. Aggrieved thereby, the appellant has preferred this appeal to the Supreme court.

(3.) The issue of res judicata relates to the legality, validity and binding nature a gift deed dated 2/5/1951 executed by one Bhiwa (father of the respondents) in favour of the respondents herein.