RELU RAM Vs. SHANKER & ORS

JUDGEMENT

(1.) This regular second appeal is directed against the judgment and decree of the learned Addl. District Judge, Mandi, H.P. dated 31.5.2004, passed in Civil Appeal No.57 of 1999.

(2.) "Key facts" necessary for the adjudication of this regular second appeal are that the predecessor-in-interest of the present appellantsplaintiffs, namely, Relu Ram has instituted suit for declaration that he be declared joint owner-in-possession of the land comprised in Kh. Nos. 453/61, 63, 126, 128 and 455/140 kita 5 measuring 2-16-0 bighas situated in Mauja Jukain, Illaqua Suranga, Tehsil Sarkaghat, Distt. Mandi, H.P alongwith respondents-defendants No. 5 & 6, namely, Dandu Ram, Nain Singh and proforma defendants. The entries to the contrary in the revenue record are illegal and wrong. The defendants be restrained from causing any interference over the suit land.

(3.) The suit was contested by the defendants No. 1 to 4, namely, Shankar, Khima, Hukam Chand and Raj and preliminary objection was raised that suit was barred by principles of res judicata. According to the defendants Smt. Mahila Devi had sold the land comprised in Khewat Khatauni No. 40 min/34/95 min, Kh. No. 866, measuring 0-16-04 hectares in their favour in the year 1970. The defendants have become owners-inpossession. Earlier defendants had filed a suit titled as Hakam Chand vrs. Dandu, in which plaintiff was the party and the suit of the replying defendants was decreed by the Court. The appeal was preferred against the judgment and decree by the brother of plaintiff Dandu Ram and Rup Lal. In this appeal, the plaintiff was also a party. The appeal was dismissed by the learned District Judge, Mandi on 1.9.1988. The regular second appeal, preferred against the judgment dated 1.9.1988, was dismissed by this Court on 30.8.1993. All the legal representatives of Ram Dayal were already party to the earlier litigation in this Court.