UMDA DATT ALIAS MANAU Vs. BABU RAM AGNIHOTRI

JUDGEMENT

(1.) This is the defendant's Second Appeal in a suit for possession and for an injunction directing the defendant to close the door. A relief for damages has also been claimed.

(2.) The case of the plaintiff respondent was that he was owner of the land in dispute, and that earlier in respect of this very land a civil suit no. 254 of 1950 was fought between the parties and a compromise was arrived at in the appellate court in favour of the plaintiff. But the defendant has dispossessed the plaintiff recently. Hence the suit was filed.

(3.) The defendant appellant filed written statement denying the plaint allegations and alleging that earlier suit would not operate as res judicata and that the suit was time barred. The trial court dismissed the suit, whereas the lower appellate court decreed the same and allowed the appeal of the plaintiff by its judgment and decree dated 31-1-73. The defendant has, therefore, filed the present Second Appeal.