JUDGMENT

V.N.KHARE, J.

(1) EARLIER defendant-respondents herein brought suit no. 1365/81 for declaration that they have become owners of the land on the basis of adverse possession. In para 5 of the plaint, it was averred that the defendants in the suit were paid a sum of Rs. 1,98,000.00 in equal share. The defendants also agreed to get the necessary correction made in the record in favour of the plaintiff with regard to the suit land, but they have now refused to admit the claim of the plaintiff. A written statement was filed by the plaintiff-appellant herein, who was the defendant in suit no. 1365/81 wherein the claim of the plaintiff in the said suit was admitted. On the basis of the said admission, the suit was decreed by the trial court on 13.11.81. It is also admitted between the parties that neither any appeal was preferred against the judgment of the trial court nor any application to set aside the decree was filed by the defendant in the said suit and the decree has attained finality. Subsequently, in the year 1982, the plaintiff-appellant herein, brought a suit for declaration that decree passed in suit no. 1365/81 was void and nullity on the ground t