Mr. A.N. Jindal, J.:- Both the courts below have dismissed the suit of the plaintiff/appellants (now represented by his legal representatives) (hereinafter referred to as the plaintiffs); hence this regular second appeal.

2. The case pertains to a flagrant trauma, misuse of the courts by way of bringing law suits by distorting the facts in order to avoid previous judgments passed against them.

3. Hazara Singh, plaintiff had filed a suit for declaration against the defendants alleging that Joginder Singh, Amar Singh and Gurbant Singh sons of Makhan Singh, now defendants Nos. 1 to 3 had 1/4th share in the land measuring 79 kanals 10 marlas out of which, the land measuring 87 kanals 11 marlas, as fully detailed in the head-note (a) of the plaint and they have no concern with the remaining land either of sub head (a) or (b) and they are not entitled to get the land partitioned on the basis of the mutation wrongly sanctioned in their names. Plaintiff and defendant Nos. 1 to 7 are recorded to be the owners of the land as per copy of jamabandi for the year 1980-81.

4. Earlier, the contesting defendants had filed a suit for possession of the land measuring 79 kanals 10 marlas out of the land mentioned in the sub head (a) of the plaint claiming themselves to be the owners of specific khasra numbers in the civil court, Patti against the plaintiff and Smt.Taro defendant No.8. The said suit was decreed on 21.7.1969. Plaintiff had gone in appeal against the said judgment and decree. The first appellate court again dismissed the appeal and held the plaintiff to be owner of 1/4th share in the suit land measuring 79 kanals 10 marlas vide judgment dated 7.1.1970. Since the judgment dated 7.1.1970 has become final and still subsists, therefore, he cannot wriggle out of that. The plaintiff has further averred that defendants Nos. 1 to 3 had again filed a suit for possession for 1/4th share out of the land measuring 315 kanals 3 marlas which is the disputed land. The said suit was decreed by the court of Shri B.S.Teji, Sub Judge First Class, vide judgment and decree dated 12.4.1977. The plaintiff had filed appeal against the said judgment, which was accepted by Shri K.C.Diwan, Additional District Judge, Amritsar (as he then was) on 12.9.1980 resulting into dismissal of the suit. Thus the judgment passed by Sub Judge First Class, Patti and District Judge dated 7.1.1970 became final.

5. It has further been averred that the plaintiffs are still claiming themselves to be owners on the basis of wrong entry in the jamabandi and the mutation sanctioned qua 1/4th share in favour of the plaintiff out of total land measuring 315 kanals 2 marlas are wrong and are liable to be corrected.

6. Contesting defendants filed written statement wherein they raised some preliminary objections, inter alia, that the plaintiff has no cause of action to file the suit; the suit is bad for misjoinder and nonjoinder of necessary parties; the plaintiff has no locus standi to file the suit and the suit does not lie in the present form. On merits, it was submitted that defendant Nos. 1 to 7 are owners of the entire suit land. They had filed a suit for possession of the land measuring 79 kanals 10 marlas and the same was decreed.

7. Even District Judge, Amritsar vide judgment dated 7.1.1970 had held the defendants to be owners of 1/4th share out of the entire land measuring 315 kanals 3 marlas. Filing of second suit by the contesting defendants for possession to the extent of 1/4th share out of entire suit land measuring 315 kanals 3 marlas was also admitted and that it was decreed on 12.4.1977. However, it was denied if the said judgment and decree was reversed in appeal. Thus, they averred that the defendants are the bona fide purchasers of 1/4th share of the land measuring 79 kanals 10 marlas i.e. 1/4th share out of land measuring 315 kanals 3 marlas.

8. The trial court, vide order dated 22.9.1986, framed the following issues:-

“1. Whether the defendants Nos. 1 to 3