Kulwinder Kaur vs Rajinder Kaur and Others

G.C. Garg, J.—Suit filed by the Plaintiff-Appellant in respect of this very land was decreed in the year 1963 and the said decree became final. Thereafter the Plaintiff filed the present suit in the year 1987 seeking a declaration that she is joint owner in possession of half share of the land as detailed in the plaint. Trial Court besides other findings, came to the conclusion that second suit for possession was not maintainable as a suit for possession had been earlier decreed in the year 1963. Findings recorded by the trial Court have been affirmed by the appellate Court and therefore, this is an appeal at the instance of the Plaintiff.

After hearing learned Counsel for the parties and going through the judgment and decree f the trial Court passed in the earlier suit, I find that the findings of the Courts below to the effect that the present suit is not maintainable, the Plaintiff having already filed a suit and got a decree, are quite correct. In that view of the matter, the present appeal has to be dismissed. However, as regards the other findings, namely, the decree has become non-executable etc. I am of the opinion that the same need not be gone into in these proceedings after it was held that the suit was not maintainable. Those findings are consequently set aside leaving it open to the parties to raise the same in appropriate proceedings, in any, in accordance with law. judgment and decree of the Courts below stands modified accordingly.

Appeal is disposed of in the above terms.