JAGDAMBA PRASAD Vs. VTH A D J

JUDGEMENT

(1.) The present writ petition has been filed for quashing the order dated 31.5.2000 passed by Respondent No. 1, Annexure-1 to the writ petition. Further prayer is for issuing a writ in the nature of mandamus commanding the Respondents not to raise any construction or interfere in any manner in the possession of the Petitioners.

(2.) The facts arising out of the present writ petition are that the property belongs to Sri Ram Janki Trust situate in Mauza Sarai Kydganj, district Allahabad. A registered will deed dated 16.10.1939 was executed in favour of the father of the Petitioners and he became legal heir of the property belonging to Smt. Ram Dei. The original owner of the property in dispute was one Mahant Janki Das and Smt Ram Dei. The father of the Petitioners filed Suit No. 714 of 1990 for injunction directing the Respondents not to interfere in their possession. Earlier to this, Suit No. 2/85 was filed by the father of the Petitioners against Shitla Prasad Shukla s/o Late Mata Prasad and Shree Ram Housing Finance and Investment Ltd. Before filing a written statement by the opposite parties in the aforesaid suit, there was a compromise outside the court vide its order dated 20.10.1986. According to Clause-7 of the settlement, the Plaintiffs have reserved a right to file a suit in view of the non-compliance of the terms of the registered agreement dated 10.10.1986. An objection was taken on behalf of the Defendant-Respondents to this effect that the second suit is barred by principles of res-judicata being the fact that in the earlier suit, a compromise had already been taken and the parties are the same, therefore, this issue should be decided as a preliminary issue regarding maintainability of the suit. The trial court after considering the issue, was pleased to hold that the suit is not barred by the principles of res-judicata and vide its order dated 13.12.1999 has rejected the claim.

(3.) The Respondents aggrieved by the aforesaid order filed a revision and the revisional court without considering the fact in issue, was pleased to allow the revision by holding that the suit is barred by the principles of res-judicata. Hence, the present writ petition has been filed.