MUNICIPAL COUNCIL Vs. YOGINDER PAL

JUDGEMENT

(1.) DEFENDANT Municipal Committee, Jind (now Municipal Council) has filed the instant second appeal having been unsuccessful in both the courts below.

(2.) RESPONDENT-plaintiff Yoginder Pal filed suit against defendantappellant alleging that plaintiff's great grand father Jai Gopal purchased suit land and other land, depicted by green colour boundary in the site plan, from Maharaja of the then Jind State vide deed dated 20.06.1917. Now plaintiff and his mother and brother are owners in possession thereof except that a small portion out of it has been encroached upon by adjoining dharamshala. However, the defendant threatened to make street through the suit land depicted in red colour by letters A B C D E F, although defendant has no right, title or interest therein. Accordingly the plaintiff sought permanent injunction restraining the defendant from interfering in plaintiff's possession over the suit land and from raising any construction therein.

(3.) THERE was previous litigation titled Dr. Prem and others versus Narati Devi and others. Narati Devi is mother of plaintiff-respondent herein. Defendant-herein was also party to the said suit. Vide judgment dated 08.08.2001 Exhibit P-4 passed in that suit, trial court held the plaintiff and his brother and mother to be owner in possession of the suit land. First appeals preferred by Dr. Prem etc. and by Municipal Committee in the said case were dismissed by the First Appellate Court vide judgment and decree Exhibit P-6 and Exhibit P-5. In view of said judgments and decree in the previous litigation, to which both the parties herein were also parties, it has rightly been held by the courts below that plaintiff is owner in possession of the suit land. Defendant's claim that suit land is part and parcel of street is barred by res judicata. Plaintiff's claim that he along with his brother and mother is owner in possession of the suit land has to be upheld in view of principle of res judicata.