- (1.)The plaintiff in O.S.No.501 of 1990 on the file of the Court of VII Additional Judge, City Civil Court, Hyderabad is the appellant herein.
(2.)The suit one was filed for cancellation of the decree in O.S.No.1438 of 1982 on the file of the Court of I Additional Judge, City Civil Court, Hyderabad as confirmed in A.S.No.87 of 1986 and S.A.No.464 of 1988. The dispute between the parties is with regard to a house which belonged to one late Durjan Singh son of Late Sri Pooran Singh who died in 1933 leaving behind his widow Tulsa Bai and two daughters by name Chandan Bai and Janaki Bai. Another daughter Rukmini Bai pre-deceased him and the defendant is her daughter. The plaintiff married Janaki Bai and out of the wedlock a boy by name Rakesh was born in 1945 and he survived only for 21 days and consequently he succeeded to the property of Durgin Singh. The defendant is in possession of the ground floor with the permission. The defendant filed the suit O.S.No.1438 of 1982 suppressing the fact of birth of Rakesh and hence the above decree is not valid and the plaintiff is entitled to the property.
(3.)The defendant filed a written statement denying the claim that Rakesh was born and died within 21 days and the contention that the defendant is staying in the house with permission in the ground floor is also disputed. According to her, she filed the suit O.S.No.1438 of 1982 against the plaintiff herein for possession and mesne profits and the decree was obtained and the plaintiff also raised the contention about the birth of Rakesh and succeeding to the property after the death of the boy, which was not accepted and, therefore, the present suit is barred on the principles of res judicata.