HAR KAUR Vs. DHAPPAN AND OTHERS

JUDGEMENT

(1.) The appellant Har Kaur's suit for declaration that she is owner in possession of the land in dispute to the extent of half share was dismissed by the trial Court as being barred by principle of res judicata. She filed an appeal which was dismissed by the lower appellate Court on August 24, 1976. Against the judgment and decree of the lower appellate Court she has come up in second appeal before this Court.

(2.) Des Ram was owner of the disputed land. He died in 1958. The appellant Har Kaur is his daughter and Bansi, her brother, was predecessor in interest of the defendants-respondents. Smt. Dhapan is his widow and the remaining defendants, namely, Bharpai, Muniya and Birji are his daughters. The appellant stated in the plaint that she and her brother Bansi inherited the land in dispute in equal shares on the death of their father Des Ram. On this basis she filed the suit for declaration claiming half share in the land in dispute.

(3.) The defendants pleaded that in accordance with the law of succession, which was prevalent at the time of the death of Des Ram, Bansi was the sole heir of his father. Bansi had filed a suit for declaration against the appellant for getting his rights declared and in that suit the appellant had filed a written statement admitting her brother's claim. In consequence thereof the suit of Bansi was decreed on January 14, 1959 in which it was declared that he alone was owner in possession of the land in dispute. It was consequently pleaded that the appellant's suit is barred by the principle of res judicate. Both the Courts below accepted the defendants plea and dismissed the appellant's suit.