Res judicata bars the re-litigation of claims based on prior judgments, affirming ownership determined by valid sale deeds despite claims of ancestral property.

JUDGMENT

Prathiba M. Singh, J. (Oral)--This hearing has been done through hybrid mode.

CM APPL. 9979/2021 (for exemption)

2. Allowed subject to all just exceptions. Application is disposed of.

CM APPL. 9980/2021( for delay)

3. This is an application for condonation of delay. Delay is allowed.

4. Application is disposed of.

RSA 28/2021 and CM APPL. 9978/2021 (stay)

5. Notice is yet to be issued in this matter. None appears for the Respondent.

6. This is a regular second appeal challenging the judgment dated 22nd October, 2020 passed by Ld. ADJ, Tis Hazari Courts, Delhi (hereinafter "Appellate Court") in RCA No.32/2020 titled Lala Ram v. Rajender Kumar. By the impugned judgement, the Appellate Court has upheld the judgement and decree dated 6th August, 2019 passed by Ld. Civil Judge, Central District, Tis Hazari Courts, Delhi (hereinafter "Trial Court") in Civil Suit No.1546/2018 titled Rajender Kumar v. Lala Ram.

7. On 20th November, 2004, the Appellant herein had instituted CS SCJ No. 457/2004 titled Lala Ram v. Rajender Kumar seeking a declaration and permanent injunction against his brother, Respondent herein, in respect of the property bearing No. 16/78 Bapa Nagar, Hardhiyan Singh Road, Karol Bagh, New Delhi-110005 admeasuring 65 sq. yrds. (hereinafter "suit property"). The said suit was dismissed by the Trial Court vide judgment and decree dated 12th November, 2009 and it was held that the Appellant herein was guilty of suppressing material facts and was not entitled to the decree for declaration as sought. The said judgment dated 12th November, 2009 has attained finality as the same has not been challenged.

8. On the strength of the said judgment dated 12th November, 2009, the Respondent herein, Mr. Rajender Kumar filed the suit for possession, recovery of damages and mesne profits against the Appellant. The prayers in the said suit were as under:-

In view of the above facts and circumstances, it is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased:-

a). To pass a decree in favor of the plaintiff and against the defendant for possession of his portion as shown red colour of the site plan of the suit property and the defendant may kindly be directed immediately to handover the vacate & peaceful possession of possession of Second Floor of suit property bearing no. H.No.16/78- 1, Bapa Nagar, Hardhiyan Singh Road, Karol Bagh, New Delhi-110005 specifically as shown in the red colour of the site plan attached to the plaintiff;

b). To pass a decree for a sum of Rs.2,88,000/- ( Two Lacs eighty eight thousand ) in favor of the plaintiff and against the defendant on account of damages/mesne profit w.e.f. June 2015 to May 2018 for illegal use, occupation and possession of the second floor of the suit property along with pendent lite and future damages/rent @ Rs.8,000/- per month till the date of vacating handing over the actual, vacant, peaceful and physical possession of the suit/tenanted property by the defendant to the plaintiff. The plaintiff undertake to pay the requisite and prescribed court fee on the amount of pendente lite and future damages/mesne profit as and when so directed by the Hon'ble Court.

Costs of the suit/proceedings may kindly also be awarded in favor of the plaintiff and against the defendant.

Any other or further order(s)/relief(s), which this Hon'ble Court may deem fit and proper be kindly passed in favor of the Plaintiff and against the defendant;

9. Vide judgment and decree dated 6th August, 2019, the Trial Court has held that the suit filed by the Respondent would be liable to be decreed in view of the earlier findings in CS SCJ