JAGDISH KUMAR Vs. DEVINDER KUMAR

JUDGEMENT

(1.) THIS is an appeal against the judgments and decrees passed by the Courts below by which the suit filed by the appellants has been dismissed.

(2.) THE plaintiffs-appellants had filed a suit seeking a declaration that appellant No. 1 is owner in possession of 2/3rd share and appellant No. 2 is owner in possession of 1/3rd share in the suit land. It was alleged that their predecessors-in-interest were mortgagees on the land owned by Gobind Ram and Ram Jowai in Pakistan since 1870 and the same had devolved upon them after the death of their ancestors. Even after partition, they continued as mortgagees under Gobind Ram and Ram Jowai,who were allotted land in lieu of their land in Pakistan in village Akbarpur, Tehsil and District Ropar.

(3.) THE respondents resisted the suit of the appellants and amongst other objections, they took up a categoric objection that the appellants' suit was barred by the principle of res judicata as the previous suit filed by them on identical facts was dismissed on 3.5.1986. The fact that Gobind Ram and Ram Jowai had immovable property in Pakistan was admitted and the fact that the suit land was allotted to them after partition in lieu of the land held by them in Pakistan was also admitted, but it was denied that the land was ever mortgaged with the appellants. The respondents claimed that they were owners of the entire suit land and the appellants had no concern with the same. The writings dated 28.8.1974 and 27.7.1980 were denied as being false and fabricated.