DHANI RAM BISHAN DAS Vs. RATTAN DAS

JUDGEMENT

(1.) The main question arising in this case is whether the present suit is barred by the principle of res judicata.

(2.) One Bishan Dass was the owner of the land in dispute. On his death in October, 1945, mutation of his land was entered in favour of Bawa Rattan Dass, who alleged that he was a chela of the deceased. This led to a suit brought by Dhani Ram and Gurbux Singh against Bawa Rattan Dass on 12-12-1945 for a declaration that they were the owners of the property in suit, being the sons of the deceased. On 15-6-1949 this suit was decreed but on appeal by the defendant the decision of the trial Court was set aside on 8-12-1950 and the suit was dismissed. This decree was confirmed on appeal by the High Court on 29-11-1954. It was held that the plaintiffs were not entitled to succeed to Bishan Dass because the rule of inheritance applicable to this property was from Guru to Chela. A finding was, however, given that Bawa Rattan Dass was not the chela of Bishan Dass, but since the plaintiffs had BO right to succeed to this property, their suit was dismissed.

(3.) Later on, the Assistant Collector, 2nd Grade, ordered that the possession of the land in dispute be delivered to Bawa Rattan Dass. Since the latter Was S? ing to take possession on the basis of this order, the present suit was again filed on 28-4-1955 by Dhani Ram and Gurbux Singh sons of Bishan Dass, against Bawa Rattan Dass for a declaration that they were the owners in possession of the land in dispute and for an injunction restraining the defendant from interfering with the same.