USHA RAI Vs. SANSKRIT PATHSHALA SAMITI

JUDGEMENT

(1.) This second appeal has been preferred by appellants/plaintiffs challenging the judgment and decree dtd. 29/01/2000 passed by Additional District Judge, Sohagpur in Civil Appeal No.17-A/1993, affirming the final order dtd. 27/07/1993 passed by Civil Judge Class-II, Pipariya in Civil Suit No.4-A/1989, whereby dismissing the suit as barred by res judicata.

(2.) Facts in short are that the appellants/plaintiffs had instituted a suit for declaration of title and permanent injunction with the allegations that the plaintiff 1 is owner of plot No.15 admeasuring 1740 sq.ft. of Khasra No.2/1 situated in Pipariya, which was purchased by her from Rameshchandra vide registered sale deed dtd. 01/04/1980. It is also alleged that respondent had filed a civil suit no. 38-A/80 for possession of land 0.04 acre, which was dismissed on 4/5/1982 by the Court of Civil Judge Class-II, Sohagpur, which was reversed in appeal and suit was decreed on 8/10/1987 by first appellate Court, which attained finality vide order dtd. 5/5/1988 passed in SA no. 15/88 by High Court.

(3.) The appellants further pleaded that Khasra No.2/1 was having total area 0.26 acre, out of which the defendant purchased 0.17 acre vide registered Sale deed dtd. 23/1/1961. As mutation of defendant was done over 0.13 acre only, therefore, the defendant got registered sale deed on 15/10/1962 again about an area 0.04 acre, as such the defendant is bhumiswami of an area 0.17 acre. The plaintiffs contended that plaintiff's land/plot admeasuring 0.04 acre is different from the property owned by the defendant. Accordingly, the plaintiffs instituted the suit for declaration of title and permanent injunction.