AMRITSAGAR GUPTA Vs. SUDESH BEHARILAL

JUDGEMENT

(1.) The only question that arises for decision in this appeal by special leave is whether the suit from which this appeal has arisen is barred by res judicata in view of the decision in Civil Suit No. 15 of 1943. The trial Court answered that question in the affirmative but the High Court has taken a contrary view. Hence this appeal.

(2.) The facts of the case leading up to this appeal, briefly stated, are as follows :

(3.) One Krishen Gopal had lease-hold rights in the suit properties. After the death of the aforesaid Krishen Gopal dispute arose between Jawala Prashad, the father of the appellants and Banwari Lal Verma, the father of the respondents as to the title of the suit properties. Each one of them claimed that those properties had been gifted to him by Krishen Gopal. As a result of this dispute Jawala Prashad instituted on January 20, 1943, Civil Suit No. 15 of 1943 against Banwari Lal Verma claiming possession of the suit properties on the strength of the alleged gift in his favour. In defence Banwari Lal Verma pleaded that those properties had been gifted to him by Krishen Gopal. The principal issue that arose for decision in that suit was whether the suit properties had been gifted to Jawala Prashad or Banwari Lal Verma. The trial Court dismissed the suit but in appeal the decree of the trial Court was reversed and the suit was decreed as prayed for. That decision was confirmed by the High Court and thereafter by this Court in Civil Appeal No. 164 of 1953. After the decision of this Court Banwari Lal Verma made various applications to this Court asking for reliefs which if they had been granted, would have practically nullified the effect of the decree but those applications were rejected by this Court. Thereafter efforts appear to have been made to obstruct the execution of the decree in diverse ways. When every one of those efforts failed Rangi Lal Verma, the eldest son of Banwari Lal Verma filed a suit praying for a declaration that the suit properties belonged to his joint family consisting of Banwari Lal Verma and his sons. This suit was dismissed for non-prosecution .It is only thereafter the present suit has been filed by one of the sons of Banwari Lal Verma claiming partition in the suit properties on the allegation that the same had been gifted by Krishen Gopal to his joint family.