Judgement

HANSARIA, J.:- The petitioner is one of the defendants in the suit out of which the present special leave petition arises. The plaintiffs are heirs of one Nand Ram, who is one of the five sons of one Jeevan Ram. The petitioner belongs to the branch of Rakha Ram, another son of Jeevan Ram. Ganpat was a son of Nanha Ram, still another son of Jeevan Ram.

2. The petitioner filed, at one point of time, suit No. 215 of 1973 which came to be disposed of on 6-4-1973 as below :

"it is ordered that a declaratory decree in respect of the property in suit fully detailed in the heading of the plaint to the effect that the plaintiff will be the owners in possession from today in lieu of the defendant after his death and the plaintiff deserves his name to be incorporated as such in the revenue papers, is granted in facuur of the plaintiff against the defendant, in view of the written statement filed by the defendant admitting the claim of the plaintiff to be correct. Pleaders fee fixed Rs. 16/-. It is further ordered that there is no order as to costs."

(Emphasis supplied) 198

Thereafter nothing much happened, till the present suit was filed claiming one-third share in the suit land as heir