Learned counsel for the appellant vehemently contended that previous suit filed by the plaintiff related to 150 square yards area whereas the present suit relates to 350 square yards area and, therefore, the present suit is not barred by res judicata. The contention cannot be accepted. The plaintiff filed suit against father of defendant No.1, defendant No.2 and others. The Said suit was dismissed. Another suit was filed by plaintiff's son Shamsher Singh which was also dismissed. First appeals in both the said suits were also dismissed. Thereafter, instant third round of litigation has been started by the plaintiff. Both the previous suits were also regarding the present suit property, as is evident from the plaintiff's own cross-examination as mentioned in paragraph 13 of the judgment of the trial court. Consequently, the aforesaid contention that previous suit filed by the plaintiff did not relate to the same suit property cannot be accepted. Moreover, learned counsel for the appellant is unable to say anything regarding the suit filed by plaintiff's son Shamsher Singh which was also regarding the same suit property as admitted by the plaintiff himself in the witness box.
