KULDIP KAUR Vs. CHAND KAUR

JUDGEMENT

(1.) The land of Ishar Singh measuring 25 Bighas was after his death mutated in favour of his widow Mst. Chand Kaur. On the allegation that Chand Kaur had remarried, the collaterals of the deceased made an application for cancelling the mutation in favour of Chand Kaur and claiming that the land left behind by Ishar Singh should be mutated in their favour. By order, dated August 29, 1951, the revenue authorities sanctioned the mutation in favour of the collaterals. It is claimed on behalf of Chand Kaur plaintiff-respondent that a few days earlier, that is on August 20, 1951, a compromise had been agreed that about four Bighas to land (description given in the plaint) would be left with the plaintiff-respondent for her lifetime for her maintenance and that of her daughter and the marriage expenses of her daughter. On all allegation that the collaterals were trying to forcibly dispossess her in violation of the terms of that agreement, she filed a suit for a declaration to the effect that she was entitled to retain possession of that parcel of land and for the grant of an injunction against the collaterals restraining them from dispossessing her therefrom. The suit was based on the compromise, dated August 20, 1951 Exhibit D. 1 is a copy of the plaint of the suit. Exhibit D.2 is a copy of the judgment whereby the said suit of the plaintiff was dismissed by the trial Court. First Appeal against that decree were dismissed by the lower appellate Court and the High Court. Thereafter, Chand Kaur filed the present suit for possession of the entire land measuring 25 Bighas 12 Biswas 1 Biswansi left behind by Ishar Singh on the basis of inheritance.

(2.) The suit was contested on behalf of the collaterals. On of the pleas taken up by them was that the suit was barred on the principles of res judicata and under Order 2 Rule 2 of the Code of Civil Procedure. A preliminary issue was framed by the trial Court out of the said objection in the following words :-

(3.) The only question which calls for decision in the appeal in whether the present suit of the plaintiff-respondent is or is not barred under Order 2 Rule 2 of the Code. The said provisions reads as below :-