BRIKAM Vs. RANJIT SINGH

JUDGEMENT

(1.) This second appeal has been filed against the concurrent judgments and decrees of the two Courts below dismissing the suit of the plaintiff -appellant. The judgment and decree of the lower appellate Court is that of Shri Jeneshwar Goel, the then Additional District Judge, Mandi, Kullu and Lahaul & Spiti at Mandi, dated 22 -8 -1988 and that of the trial Court is by Shri D.D. Sharma, the then Sub -Judge, 1st Class, Sundernagar, dated 28 -6 -1984.

(2.) The suit was filed for joint possession of the suit land on the pleadings that the same was jointly owned by the parties since their forefathers in which Panjaku Ram the predecessor -in -interest of the plaintiff and respondent No. 11 had half share. It was also pleaded that the defendants No.1 to 10 were in possession of the same. However, they did not allow the plaintiff to enter in the land on 1 -2 -1980. Hence, the present suit was filed,

(3.) In the written statement, respondents/defendants No. 1 to 10 admitted that the suit land along with the other land was jointly owned previously. It was alleged that in a private partition between the parties, the suit land fell to the share of the predecessor -in -interest of the defendants -respondents No.1 to 10 and they have been coming into possession as exclusive owners of the suit land. It was also pleaded that a similar suit was previously filed for joint possession of the suit land by Panjaku against the predecessor -in -interest of the respondents No. 1 to 10. That suit was dismissed by the learned sub -judge, Sundernagar in the year 1958. No appeal having been filed, the judgment and decree of that suit became final. Hence, the present suit was barred by the principles of res judicata.