SMT. KUSUM RANI Vs. SMT. BALA AND ORS.

JUDGEMENT

(1.) The Plaintiff is in second appeal against the judgment and decree of the Courts below by which her suit for declaration has been dismissed on the ground that she had no right to the property in dispute.

(2.) A few skeletal facts are necessary to unfold the dispute between the parties, who are closely related to each other as Plaintiff and Defendants No. 4 and 5 are the daughters and Defendants No. 1 & 2 are the sons of Defendant No. 3, who suffered a collusive decree in Civil Suit No. 793-CS of 1998 on 30.1.1999 in respect of the property in dispute in favour of Defendants No. 1 and 2 which is challenged by the Plaintiff in the present suit on the ground that the property in dispute was ancestral and Defendant No. 3 had illegally and without legal necessity transferred the property in dispute in favour of Defendants No. 1 and 2. In the written statement, the relationship was admitted but it was alleged that on the basis of a family settlement arrived at between Defendants No. 1 to 3, the land in dispute was transferred by the impugned judgment and decree dated 30.1.1999. It was also alleged that the Plaintiff had earlier filed similar suit to challenge the impugned decree but that was unconditionally withdrawn by her on 30.08.2003, therefore, the present suit is not maintainable. The Plaintiff did not file replication, however, from the pleadings of the parties, the trial Court struck the following issues on 26.04.2004:

(3.) The learned Courts below, on appraisal of the evidence, dismissed the suit of the Plaintiff on the ground that she had failed to prove her right in the property in dispute and her suit was not maintainable as she had earlier filed a similar suit challenging the impugned judgment and decree but the said suit was withdrawn by her unconditionally without reserving her right to challenge it in future on the same cause of action.