SWARU Vs. PUNU

JUDGEMENT

(1.) Heard and gone through the record.

(2.) Respondent -plaintiff instituted a suit in respect of entire area of certain Khasra number seeking issuance of permanent prohibitory injunction restraining the appellants -defendants from causing interference in that Khasra number. Appellants -defendants took the plea that they were in possession of a portion of that Khasra, to the extent of 1 bigha, 8 biswas, 8 biswansis area, and their possession had become adverse. Trial Court returned the finding that the appellants -defendants were not in possession of any portion of the suit property and that the respondent -plaintiff and his brothers were joint owners in possession. Consequently, the suit was decreed. Appeal filed by the appellants -defendants in the Court of District Judge against the decree of the trial Court stands dismissed.

(3.) Learned counsel representing the appellants defendants submits that earlier also the respondent -plaintiff had filed a suit with respect to this very khasra and that that suit was decreed by the trial Court and appeal against that decree filed by the appellants -defendants was dismissed by the District Judge, but when the matter came in second appeal to this Court the plaintiff -respondent withdrew that suit with liberty to file a fresh one on the same cues of action. His contention is that this fact was not only not disclosed by the respondent -plaintiff in the subsequent suit, out of which this appeal has arisen, but even during the course of his cross -examination he denied that he had filed any suit in the past and the same had been withdrawn with liberty to file afresh one.