JASWANT SINGH,J. - (1.) Lrs of defendant Bhagat Singh who are the appellants in the present appeal have come up in second appeal against the concurrent findings of both the courts below whereby suit for possession filed by the plaintiff was decreed by the learned Additional Civil Judge(Senior Division), Samrala, vide its judgment and decree dated 24.12.2005 and the findings thereof have been affirmed in appeal by learned Additional District Judge, Ludhiana vide its judgment and decree dated 15.12.2011.
(2.) Brief facts for proper adjudication of the case are that respondent No. 1 Sohan Singh(plaintiff) had filed a suit for possession of a "Taur" as marked in the site plan with the facts that plaintiff and defendants are residents of Mandi Jharaudi, Tehsil Samrala District Ludhiana. Plot No. 12 marked in the site plan was purchased by respondent No. 2 Mohan Singh from Tehsildar sales being custodian property vide sale deed dated 7.10.1974. The site of the "Taur" was shown on the back side of the sale. He got its possession after paying the said money to the department. It was further alleged in the plaint that the plaintiff purchased this plot from Mohan Singh for L 15,000/- vide sale deed dated 6.7.1993. When original defendant Bhagat Singh came to know about the purchase of this plot, he took forcible possession of this plot and it was requested many times to the defendant by the plaintiff to deliver back the possession, however, the same was of no avail. Defendant Bhagat Singh also filed a suit against plaintiff and Mehar Singh s/o Nanak Singh regarding plot No. 13 which is different from plot No. 12, however, in the said suit, he narrated plot No. 12 to be part of plot No. 13. With these averments plaintiff prayed for decreeing the suit.
(3.) Upon notice, defendant No. 1 took the preliminary objections that the suit is not maintainable and liable to be stayed under Section 10 of Civil Procedure Code as another suit titled as Bhagat Singh v. Sohan Singh for declaration and permanent injunction is pending. It was further pleaded that another civil suit titled as Bhagat Singh v. Sohan Singh bearing No. 165 of 1994 was decreed by the court of Additional District Judge, Ludhiana in appeal on 17.7.1999. Thus, the suit is barred by res judicata. On merits, the boundaries as mentioned in the plaint were disputed and it was stated that the boundaries given in the suit are of plot No. 13 which was claimed by the defendant in the previous suit.;