FAZULULLA SATTARSAB KALIGAR Vs. KHATHUNNISA

JUDGEMENT

(1.) This appeal is filed against the divergent finding in a suit for declaration and injunction. Plaintiff's suit for declaration of title and injunction is dismissed by the Trial Court on the premise that the suit is not in time. The Trial Court also observed that the boundary shown in the suit is similar to the boundary shown in the earlier suit, and in the earlier suit, the Court has come to a conclusion that there is a discrepancy in the boundary.

(2.) The Trial Court also recorded a finding that the plaintiff is the owner of the property bearing assessment No.905 and held that the plaintiff is in possession and the Court also found that the suit is not hit by principle of resjudicata.

(3.) Aggrieved by the judgment and decree, the plaintiff filed an appeal. First Appellate Court found that the plaintiff to be the owner of the property and held that the suit is in time and consequently, decreed the suit. First Appellate Court also held that the second suit filed by the plaintiff is not hit by principle of resjudicata. Hence, the present Second Appeal by the defendants.