GUR DAI Vs. ARJAN SINGH

JUDGEMENT

(1.) THIS regular second appeal is directed against the judgment and decree of the first appellate Court, dated 10. 5. 1995.

(2.) THE relevant facts for the determination of the controversy in issue are : that a suit for declaration was filed by Smt. Gur Dai against Arjan Singh claiming a decree for declaration that she is owner in possession and for the relief of injunction restraining the defendants in the suit from interfering in her peaceful possession. The land which is subject matter of the suit consists of 17 kanals 16 marlas of land as detailed in the plaint in village Saidwalkalan, Tehsil and District Gurdaspur.

(3.) BEFORE I discuss the controversy arising in the present appeal, I consider it imperative to refer to certain previous litigations between the parties to which there is no dispute. The present plaintiff had first filed a suit on 5. 5. 1980 claiming title by ad verse possession over the land in dispute. This suit was dismissed. Against the decree of dismissal, first appeal was also dismissed and regular second appeal against the said decree was dismissed by this Court on 26. 4. 1983. The judgment of the Court is exhibit D-1 on record. Within a period of less then a month i. e. on 25. 5. 1983 the same plaintiff filed the second suit against the same set of defendants claiming that he was in cultivating possession as tenant of the disputed land. This second suit was dismissed by the trial Court on 20. 9. 1984. The first and second regular appeals, both preferred by the plaintiff, were dismissed by the appellate Courts. Present suit was the third suit which was instituted by the plaintiff against the defendants. Suit was instituted on 14. 11. 1985 and dismissed on 5. 3. 1991. It is even conceded before me that the said plaintiff on one hand has preferred the present regular second appeal and on the other hand has already instituted a fourth suit against the defendants before the trial Court, which is pending.