RAM HAZOOR Vs. SHYAM DULAREY & ANR

JUDGEMENT

(1.) The appeal impugns a judgment and decree of the Court of Additional District Judge (ADJ) -02, (NE) of dismissal of CS No.398/2014 Unique ID No.02402C0097312014 consequent to rejection under Order 7 Rule 11 of Code of Civil Procedure (CPC), 1908 of the plaint on the ground of claim therein being barred by Order 2 Rule 1 CPC on account of an earlier suit filed by the appellant/plaintiff. The appellant filed the said suit for recovery of possession of half i.e. 25 sq. yds. of property no. D -286 constructed over land ad measuring 50 sq. yds. out of Khasra No.11/82, Village Karawal Nagar, ilaqa Shahdra, Delhi by demarcation of the said half, and for permanent injunction restraining the defendants from creating any third party rights in the property.

(2.) The earlier suit was filed by the appellant for mandatory injunction directing the respondent no.1 to hand over half of the house to the appellant and for permanent injunction restraining the respondent no.1 from selling the said house without partition. The said suit was dismissed vide judgment dated 6th October, 2012 of the Court the Additional Senior Civil Judge, (NE), finding the appellant/plaintiff claiming to be a co -owner along with the respondent no.1 to be not entitled to the reliefs claimed of injunction against the other co -owner and also not finding any merit in the claim of the appellant/plaintiff of being the co -owner. The appellant appealed against the aforesaid judgment and decree and which appeal was disposed of by the Court of the learned ADJ -01, Karkardooma Courts, Delhi vide judgment dated 22nd January, 2014 though inter alia observing: -

(3.) It is thereafter that the appellant filed the suit from which this appeal arises, impleading therein, besides the respondent no.1, also the respondent no.2 Smt. Phoolwati Devi wife of the respondent no.1 owing to the stand of the respondent no.1 in the earlier round aforesaid of litigation that it was the respondent no.2 who is the owner of the property.