ABDUL WAHID Vs. MOHD ASLAM

JUDGEMENT

(1.) THE facts giving rise to this suit have been detailed in the order of this Court dated 18.11.2010 which inter alia reads as under:-

(2.) A perusal of the judgment of the learned Additional District Judge dated 13.11.2006 would show that the following issues were framed in the civil suit decided by him:-

(3.) THE learned counsel for the defendants placing reliance on Explanation III & IV to Section 11 of the Code of Civil Procedure contends that the Agreement to Sell dated 08.08.1987 ought to have been relied upon by the predecessor-in-interest of the plaintiffs before this Court and, therefore, the validity of the Agreement to Sell as also the competence of Shri Mehmood Mian to execute the sale deed are also deemed to have been adjudicated in the previously decided suit.