J.M.SHETH
BAI GALAL RAMSHI W/o. KOLI RAJA SURA – Appellant
Versus
VRAJLAL ICHHASHANKER – Respondent
( 1 ) THIS is a revision petition filed by the original defendent against the plaintiffs-opponents under sec. 115 of the Civil Procedure Code. The opponents filed a Civil Suit No. 31 of 1967 in the Court of the Civil Judge (J. D.) Talaja for recovery of possession of suit land from the petitioner. According to them they are the owners of the suit land and are in possession of it. The petitioner obstructs their possession and has made an application in the Mamlatdars Court to have it mutated to her name claiming the land to be hers.
( 2 ) THE petitioner filed a written statement on 24th July 1967 and denied the claim of the opponents and challenged the maintainability of the suit.
( 3 ) ON 9th February 1968 by an application Ex. 21 she sought permission for an amendment of a written statement. By that application she wanted to take up three further contentions in regard to maintainability of the suit. One of them was that there was a previous suit between the parties and due to the decision given In that suit the suit was barred by res judicata. Another contention was that the suit being a suit for taking possession of the suit land on the ground of ownership the mark
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.