CHANDER BHAN SINGH Vs. SMT. BHAGWANI DEVI

JUDGEMENT

(1.) THIS appeal has impugned the judgment and decree dated 05.07.2003 which had endorsed the findings of the trial Judge dated 22.10.1994 whereby the suit filed by the plaintiff Bhawani Devi seeking possession and injunction of the suit property i.e. 'mark A' as described in the site plan appended along with the plaint in Village Ranhaula, Delhi had been decreed. A decree of mandatory injunction had also been prayed for with a direction to the Defendants to dismantle the three feet boundary wall illegally constructed upon the said property by them. It was alleged that the plaintiff along with her nephews were jointly owing land in Khasra No. 98, Village Ranhaula, Delhi. On 12.08.1971, she had executed a sale deed transferring and conveying to the Defendants 18 big has 5 byways of agricultural land comprised in the affronted khasra. The plaintiff had not transferred the residential house of which possession had now been claimed by her. It was stated that the plaintiff continued living in her house; in July, 1972 she had again gone to her village; in her absence, the Defendants had forcibly occupied the said house. In June, 1980 they had illegally constructed a wall of three feet around the house. Present suit was accordingly filed.

(2.) IN the written statement, the Defendants have stated that the present suit is barred by res -judicata as earlier suit decided vide judgment and decree dated 08.04.1980 was on the same issue; matter could not be reagitated. The entire property as described in the sale deed dated 12.08.1971 had been sold to the Defendants. The Defendants were in possession of the suit land in their own right. On the pleadings of the parties, following five issues were framed:

(3.) WHETHER the suit is barred under the principles of res -judicata as alleged in the WS? OPD .