RAKESH CHANDRA AGARWAL Vs. ROOPKISHORE

JUDGEMENT

(1.) THIS appeal is filed by the plaintiff being aggrieved by the judgment and decree dated 5-3-2001 passed by the Fourth Additional District Judge, Bhind in Civil Suit No. 60-A/2000, whereby the plaintiff's suit for declaration and perpetual injunction is dismissed on the ground that said suit is barred by the principle of res judicata.

(2.) THE brief facts of the case are that the appellant-plaintiff filed the present suit for declaration of title and perpetual injunction alleging that the disputed agricultural land was owned by one Ayodhya Prasad. Ayodhya Prasad was succeeded by a son viz. Kunni Lal. Kunni Lal died in the year 1919. Mathurabai is the widow of Kunni Lal. It is alleged that Kunni Lal and Mathurabai had adopted Munnalal. Kunni Lal had a daughter viz. Chhonabai, who is defendant No. 4, defendants No. 1, 2 and 3 are sons of Chhonabai.

(3.) THE defendants filed their written statement denying the allegations made in the plaint. The Court below on the basis of pleadings framed as many as 21 issues. Out of 21 issues, the Issue No. 11 was framed to the effect that whether the present suit is barred by the principle of res judicata due to judgment passed by the First Additional District Judge, Bhind in Civil Suit No. 8-A/1977 decided on 30-7-1981 and Issue No. 12 was framed to the effect that whether present suit is barred under Order 2, Rule 2, Civil Procedure Code.