PREMABAI Vs. HUKUM CHAND

JUDGEMENT

(1.) THIS judgment shall also govern the disposal of Civil Revision No. 16s1 of 1981 which is between the same parties and involves a similar question of law.

(2.) THIS appeal, by the plaintiffs is directed against the judgment and decree dated 17. 8,81, passed by Sh. R. P. Tiwari, II Addl. District Judge, Durg in Civil Suit No. 19-A of 1978 dismissing the same as barred by res-judicata. This very question is involved in the connected Civil Revision where issue regarding res judicata has been decided against the appellants.

(3.) THE case has a chequered history starting from 1929 and involves property dispute between the family members of the two brothers viz. Jiwanlal and Bahoranlal. It appears to be the common ground that the suit property was jointly owned by Jiwanlal and Bahoranlal, who were admittedly Hindus. Jiwanlal died in the year 1921 leaving behind his widow, Gangabai and daughters Premabai, Rukmanibai and Rahibai, the present appellants. Gangabai also died in 1966. The other brother Bahoranlal died in 1944 leaving behind his son Narenderlal. Narenderlal sold the property to the present respondent Hukumchand Surana in the year 1966. The first litigation started before the Sub Judge, Class I, Durg between Bahoranlal and Gangabai in the year 1928 and was subject-matter of Civil Suit No. 117 of 1928. The said suit was decided on 30,8. 1929. Appeal against the said suit was decided on 21. 11. 1931 in Civil Appeal No. 4-A of 1930. In this case, which was decided in favour of Bahoranlal, it was held that there was no partition between Jiwanlal and Bahoranlal. The second appeal against the judgment before the Additional Judicial Commissioner also failed.