YOG RAJ Vs. KEWAL KRISHAN

JUDGEMENT

(1.) PRELIMINARY issue of resjudicata stands decided against the petitioner Yog Raj. He had filed a Civil Suit. Bearing No. 10/1991. This was decided on 29.05.1999. In this suit one of the question which was supposed to be determined is about the instance of the petitioner who figured as plaintiff was as to whether the suit, wall of the house of the defendants faces the compound of the plaintiffs house and the wall forms border between the two parties., this issue was determined. Findings were recorded So far as issue is concerned, this is issue No. 1. This is reproduced below: -

(2.) FINDINGS recorded on this behalf in so far as relevant for the purposes of disposal of this revision petition are also being noticed. These are as under; -

(3.) NET result was suit for permanent prohibitory injunction was dismissed. Thereafter, present suit was filed. In this writ the persons who figured as defendants in the above suit figures as plaintiffs. They claim ownership in the portion of the land on which boundary wall stands constructed. They pleads that this is owned by them, relief of possession has been sought. It is in this suit a plea was taken by the present petitioners that finding recorded in the earlier litigation would operate as resjudicata. This plea has not been accepted. It is in these circumstances the present petition has been preferred. Trial court has come to the conclusion that findings recorded in earlier suit would not operate as resjudicata. It has been concluded;