BACHI RAM Vs. SANT LAL

JUDGEMENT

(1.) This is a defendant's second appeal wherein they have questioned the judgment and decree dated on 17/1/2004, as rendered by the Additional District JudgeF.T.C.-III, Dehradun, in Civil Appeal No. 66 of 2002 Sant Lal vs. Bachi Ram and Another. As a consequent thereto the appeal preferred by the plaintiff-respondent was allowed and suit being Original Suit No. 110 of 1991, Sant Lal vs Bachi Ram and Another which was initially dismissed by the trial court by the judgment dtd. 20/3/2002, by the Court of Civil Judge (Senior Division)Additional Sessions JudgeXth F.T.C., Dehradun, has been decreed.

(2.) Consequently, the present second appeal, the second appeal at the stage of admission has been admitted on 29/11/2004, on substantial question of law as framed as question no. 2 and 3 to the following effect; (2) whether due to dismissal of plaintiff's earlier suit, involving declaration of his rights over Khasra No. 12266, upto the Hon'ble Supreme Court, the plaintiff-respondent cannot claim any mandatory injunction claiming himself to be the owner of the property, on the basis of the sale deed which has been disbelieved in the earlier suit Another question on which the appeal has been admitted was, (3) whether the suit decreed by the Appellate Court is barred by Order 2 Rule 2 as he is fail to claim the relief in the earlier suit decided against him upto the Hon'ble Apex Court.

(3.) More or less on considering the facts and arguments of the counsels, the two issues as such narrated above, they are interconnected to one another as, both deals with the impact of the earlier set of proceedings, which has culminated between the parties, on the same subject matter, at least in relation to the plaintiff upto the Apex Court vide its judgment dtd. 10/2/1995, which has now been reagitated in the present proceedings.