SULTAN Vs. DEVI DAYAL

JUDGEMENT

(1.) This is defendant's regular second appeal against the judgment and decree of the lower appellate Court whereby the appeal filed by him was dismissed.

(2.) Plaintiff filed a suit for declaration on the allegation that the defendants had filed a suit for possession by redemption in respect of the land as detailed in para No. 1 of the plaint alleging that they had purchased the suit land from the original mortgagor and so they had got a right to redeem it. It was contended by the defendants in that suit that the suit land was mortgaged with possession in the year 1936 by their predecessor-in- interest which was not accepted and it was held that the suit was not within limitation. Appeal was filed against this judgment and decree which too was dismissed by the Additional District Judge on 3.4.1974. Accordingly, both these judgments will operate res judicata between the parties. With these broad averments, it was prayed that the declaration sought be granted to the plaintiff.

(3.) Suit was contested by the defendants controverting the various material averments made in the plaint.