2001 3 SCR 138 The following Order of the Court was delivered Leave granted.
Respondents plaintiffs filed a suit for declaration that they along with defendant No, 1 were the joint owners in possession of the suit property arid also for a declaration that gift deed bearing No.
The High Court, after numbericing some details from the judgment of the Trial Court as also pleadings of the parties, opined that the questions to be decided in the appeal were Whether the relationship claimed by the parties are true.
3042/65 and the two sale deeds dated 28.02.1989 were ineffective insofar as the rights of the plaintiffs are companycerned.
After deciding these questions in favour of the plaintiffs respondents, the High Court set aside the judgment and decree of the trial companyrt and allowed the first appeal.
Before the Trial Court, documentary evidence was led, including placing on record companyies of enteries of public records and decision of the earlier suit O.S No 93/71 .
Aggrieved, this appeal has been filed by special leave by the appellants contesting defendants We have carefully perused the judgment and decree of the High Court in the first appeal.
Against the dismissal of the suit a first appeal was filed by the plaintiffs respondents in the High Court.
Suit.was dismissed by the Trial Court.
93/71 operated as res judicata against defendant No.
1 only.
2 Whether the plaintiff is entitled to declaration as prayed for?
