AMRAT SINGH CHAUHAN Vs. DASS RAM

JUDGEMENT

(1.) Plaintiff-appellant is in the Regular Second Appeal against the concurrent findings of fact arrived at by both the Courts below dismissing the suit filed by the plaintiff on a preliminary issue i.e. the issues raised in the present suit are hit by principle of res judicata.

(2.) This Court has heard the learned counsel for the parties at length and with their able assistance gone through the judgments passed by both the Courts below and the record.

(3.) It is undisputed that there was a previous litigation between the parties with regard to the suit land in which predecessors-in-interest of the plaintiff were also parties. In the aforesaid suit for possession by way of specific performance of the agreement to sell, the predecessors-in-interest of the plaintiff namely Naresh Kumar, Jai Ram, Sanjay Singhal and Shiv Kumar were parties. Sanjay Singhal and Shiv Kumar had sold the property in favour of Salesh Yadav who in turn had sold the property to the plaintiff in the present suit vide sale deed dtd. 16/10/1996.