CHARANJIT SINGH Vs. MANMOHAN SINGH

JUDGEMENT

(1.) THE plaintiff is in appeal against the judgment and decree of both the Courts below.

(2.) THE plaintiff filed suit for permanent injunction alleging that he is the owner in possession of the house in dispute. On the other hand, while contesting the claim of the plaintiff, the defendants also filed counter claim alleging that they are owners of the property in dispute and sought possession thereof.

(3.) THE Appellate Court dismissed the appeal relying upon the judgment of this Court in the case of The Municipal Committee (Now Municipal Corporation), Jalandhar Vs. Mohan Singh, 1988 (2) P.L.R. 285, wherein it has been held that if two suits are preferred, disposed of by a common judgment and the judgment and decree of the Appellate Court is challenged only in one suit, though same finding on the issues inter -se the parties were recorded, the judgment and decree in the suit against which no appeal is filed, would operate as 'res -judicata'.