MAHA DEVI Vs. LICHHMAN

JUDGEMENT

(1.) This second appeal has been filed by the defendants against the judgment and decree of the Additional District Judge, Gurgaon, dated November 24, 1967.

(2.) Briefly the facts are that Smt. Lichhman, widow of Bhola, was recorded as a co-sharer in the property in dispute with Thana brother of Bhola and others, to the extent of 1/6th share in the land measuring 394 Kanals and 16 Marlas. She filed an application before a Revenue Officer for partitioning her share in the land. Thana contested the application. The Revenue Officer came to the conclusion that a question of title had been raised in the case and consequently he stayed the proceedings. Smt. Lichhman filed a suit against Thana for declaration of her title to the extent of 1/6th share in the property.

(3.) The suit was contested by Thana, inter alia, on the ground that there was a previous litigation between the parties in which a compromise had been arrived at between them on November 12, 1945. According to the compromise, 10 Bighas Kham land was given to Smt. Lichhman and the rest of the land was retained by Thana. A decree was passed on the basis of the compromise. It was pleaded by Thana that the previous decision operated as res judicata between the parties. The trial Court held that the previous judgment and decree did not operate as res judicata. Thana went up in appeal before the Additional District Judge, Gurgaon. During the pendency of the appeal, he died and Smt. Maha Devi, his widow, Jage, his son, and Smt. Sarupi, Smt. Ratni and Smt. Sharbati, his daughters, who are now the appellants, were brought on record as his legal representatives. The learned appellate court affirmed the judgment and decree of the trial Court and dismissed the appeal.