AMAR NATH Vs. TARSEM LAL

JUDGEMENT

(1.) THE plaintiff has come in appeal against judgment, decree dated 29.2.2000 passed by learned District Judge, Una in Civil Appeal No. 84/1996 of 1999, affirming judgment, decree dated 30.4.1996 passed by learned Sub Judge Ist Class, Court No. 2, Una in Case No. 50/90.

(2.) THE facts in brief are that the appellant had filed a suit for declaration to the effect that judgment, decree dated 2.12.1989 passed in Civil Suit No. 202/89 by learned Senior Sub Judge, Una that the plaintiff in that suit shall not dispose of the plots during the life time is null and void and statements of appellant and respondent herein are contrary to law and conditions imposed by learned Senior Sub Judge in the decree have no effect on the rights, title and interest of the appellant. It has been alleged that judgment, decree dated 2.12.1989 has jeopardized the right of the appellant as the conditions imposed are unlawful. The suit was contested by respondent by filing written statement wherein preliminary objections with respect to maintainability of the suit was taken, the plea of lack of cause of action, resjudicata and suit is barred under Order 2 Rule 2 CPC and estoppel were also taken. On merits, the respondent has supported the decree, judgment passed in previous suit. The appellant had filed replication and reasserted his case. On the pleadings of the parties the following issues were framed:

(3.) WHETHER the plaintiff is estopped from filing the suit by act and conduct as alleged? ...OPD