KISHAN SINGH Vs. SUCHA SINGH

JUDGEMENT

(1.) ON hearing the learned counsel for the parties, I am of the opinion that following substantial questions of law are involved in the present Regular Second Appeal for consideration of this Court :- <FV>A. Whether doctrine of res judicata is applicable where the defendant in earlier suit has taken no defence and suffered an ex parte decree ? B. Whether suit simpliciter for injunction against the alleged co- sharer in exclusive possession is maintainable ? </FV>

(2.) THIS is plaintiff's Regular Second Appeal against the judgment and decree dated 12.3.1984 passed in Civil Appeal No. 137 of 1982 by the Additional District Judge, Jullundur, allowing the appeal of defendant-respondent against the judgment and decree dated 3.5.1982 passed by Sub Judge Ist Class, Jullundur. As a consequence, suit of the plaintiff-appellant has been dismissed.

(3.) PRESENT suit has been filed by plaintiff/appellant Kishan Singh for permanent injunction restraining defendant/respondent-Sucha Singh from selling or disposing of the land in any manner. Plaintiff claimed to be the reversioner of Kunda Singh in equal share with Sucha Singh. The suit of the plaintiff has been resisted by Sucha Singh-defendant on variety of grounds : (1) The suit is barred by doctrine of res judicata, in view of the judgment and decree dated 17.12.1971 passed in earlier suit wherein plaintiff-Kishan Singh was also a party; (2) Kishan Singh is not possession of the land for the last 40 years and is not entitled to any relief; (3) Plaintiff is estopped from seeking any relief as Sucha Singh-defendant is enjoying the property which is in the knowledge of the plaintiff and without any objection being raised by him, the suit is not maintainable. The trial Court framed following issues :-