RAM KISHAN Vs. GURDITTA

JUDGEMENT

(1.) Respondent-plaintiff filed a suit for permanent injunction with a prayer that the appellants-defendants be restrained from interfering in the land bearing khasra No.8562, measuring 8 kanals 8 marlas, owned by him.

(2.) It is an admitted fact that so far as land, referred to above, is concerned, the appellants-defendants are not claiming any right in the said property. Suit filed by the respondent was dismissed by the trial Court solely on the ground that there was an earlier litigation between the parties and as he( respondent) has failed to disclose the same in his plaint, he was held not entitled to get any relief. To that extent, finding given by the trial Court, is not justified and the same has rightly been reversed by the appellate Court below.

(3.) Record reveals that the earlier litigation was with respect to different khasra Nos., which ultimately was held to be in the ownership of the appellants-defendants. Appellate Court below, while reversing the judgment of the trial Court has held thus:-