SHANKAR GOSWAMI Vs. SARITA GOSWAMI & ANR

JUDGEMENT

(1.) This appeal arises out of order dated 4th November 2016 of the Ld. Trial Court by which the suit filed by Sh. Shankar GoswamiAppellant/Plaintiff (hereinafter, "Plaintiff") has been dismissed as being barred by res judicata.

(2.) The background of this litigation is that a suit came to be filed being CS No.759/2010 (hereinafter, "Suit No.1") by Smt. Sarita Goswami- the wife of Sh. Vijay Goswami. Sh. Shankar Goswami and Sh. Vijay Goswami are real brothers. Smt. Sarita Goswami filed a suit for recovery of possession, damages and mesne profits in respect of property being First Floor K-139 ad measuring 25 sq. yds. situated at Dakshinpuri, New Delhi seeking a recovery of possession and damages against Sh. Shankar Goswami. The prayer sought in the said suit was as under:

(3.) The issues framed in Suit No.1 are as under: