SARDARBAI Vs. MATHRIBAI

JUDGEMENT

(1.) THIS second appeal has been filed by plaintiffs against the judgment and decree passed by the Courts below dismissing their suit on the ground of res judicata.

(2.) THE present suit was filed by Ganpat, who died during the pendency of the suit and present appellants are his legal representatives. Ganpat filed the suit for declaration and permanent injunction in respect to suit property which is mentioned in the plaint. According to plaintiffs, Onkarji was not having any son and he was keeping love and affection with plaintiff Ganpat as such he took plaintiff Ganpat in adoption 45 years earlier to the date of filing of the suit. According to plaintiff Ganpat, after the death of his adopted father Onkarji, he performed all spiritual rites. After the death of Onkarji, the revenue authorities entered the name of Pyaribai, who is wife of Onkarji. After the death of Pyaribai the suit land has been recorded in the name of her daughter Mathribai. The plaintiff came forward with a case that since he is an adopted son of Onkarji and the suit property belonged to Onkarji, after the death of Onkarji he became Bhumiswami of the suit property. An alternative plea of adverse possession has also been taken by him.

(3.) THE defendants filed written statement and took the plea of res judicata. It has been pleaded in the written statement that similar type of suit (Civil Suit No. 32-A/68) was filed in the Court of C. J. Class-I, Rajgarh by present plaintiff Ganpat against Mathribai, who is defendant No. 1 in this suit. That suit was dismissed on 11-2-1970. The appeal which was filed before the Additional District Judge was also dismissed and now again the plaintiff has filed the suit which be dismissed by imposing an exemplary cost.