KALAWATI Vs. GIRISH SHRAM

JUDGEMENT

(1.) THIS second appeal, preferred under Section 100 of the Code of Civil Proce dure, 1908, is directed against the judg ment and decree dated 0/-0/-1978, passed by I Additional District Judge, Nainital in Civil Appeal No. 19 of 1978, whereby the judgment and decree dated 23-124977, passed by Munsif, Kahsipur, in Original Suit No. 160 of 1971, dis missing the suit, is set aside and the ap peal is decreed for possession and mesne profits.

(2.) HEARD learned counsel for the parties and perused the papers on record.

(3.) THE trial court on the basis of the pleadings of the parties, framed follow ing issues : 1. Whether the plaintiffs acquired title over the disputed property through the sale certificate dated 23- 10-1933? 2. Whether the defendant No. 1 has been in unlawful possession over the property detailed in Schedule 'ga' of the plaint? 3. Whether disputed property de tailed in Schedule 'kha' was let out to the defendant No. 1 by the mother of the plaintiff No. 1? 4. Whether defendant No. 1 is owner of the property in suitt? 5. Is the plea of defendant No. 1 in respect of her alleged ownership is barred by principle of resjudicata?