- (1.)THE plaintiff before the trial Court is the appellant herein and the cause of action for this appeal arises out of concurrent findings of the Courts below that the suit filed by the plaintiff for declaration and possession of the suit property, is hit by the principle of res judicata.
(2.)THE trial Court though framed nine issues based on the pleadings of the parties, considered as preliminary issues, issue No. 5 which required the defendants to prove that the suit of the appellant is hit by principles of res judicata and issue No. 6 which required the defendants to prove that the suit is barred by limitation. The trial Court answered the issue No. 6 in the negative but agreed that the suit of the plaintiff is hit by principles of res judicata. The lower appellate Court confirmed the said view taken by the trial Court. Hence, the plaintiff is before this Court in this second appeal.
(3.)THE facts which are relevant briefly stated are to the effect that the appellant filed a suit praying for declaration that the said Wakf Board is the owner in possession of the suit item which is Sy. No. 2 of Gubbi Village measuring 2 acres 4 guntas as described in detail in the schedule to the plaint and also for further relief of injunction restraining the defendants from interfering with the plaintiff's possession and enjoyment of the suit item, by granting permanent injunction. The basis for the said suit is traced by the appellant to a Notification dated 6. 7. 65 which declared that the suit item is the property of the Wakf Board and the said Notification itself is based on the declaration said to have been given by the Khazi Abdul kuddus in the year 1963. The defendants are the L. Rs of the said Abdul kudus.