JUDGMENT B.L. Yadav, J. - This is the defendant's Second Appeal in a suit for possession and for an injunction directing the defendant to close the door. A relief for damages has also been claimed. 2. The case of the plaintiff respondent was that he was owner of the land in dispute, and that earlier in respect of this very land a civil suit no. 254 of 1950 was fought between the parties and a compromise was arrived at in the appellate court in favour of the plaintiff. But the defendant has dispossessed the plaintiff recently. Hence the suit was filed. 3. The defendant appellant filed written statement denying the plaint allegations and alleging that earlier suit would not operate as res judicata and that the suit was time barred. The trial court dismissed the suit, whereas the lower appellate court decreed the same and allowed the appeal of the plaintiff by its judgment and decree dated 31-1-73. The defendant has, therefore, filed the present Second Appeal. 4. Sri P. K. Misra, learned counsel for the appellant urged that earlier suit no. 254 of 1950 would not operate as res judicata, and that within 12 years the plaintiff was not in possession, hence the suit was time barred. As regards the earlier suit no. 254 of 1950 operating as res judicata, it was admitted by D.W. 1 in his statement that the earlier suit was in respect of the land in dispute. However, after considering the other evidence the lower appellate court held that the earlier suit was in respect of' this very land and consequently the court below held correctly the decree in earlier suit to operate as res judicata. I am of the view that this finding is correct. 5. As regards the second finding, the lower appellate court has considered a number of documentary and oral evidence on record and after appreciating it, it has been held that the plaintiff was in possession, within 12 years from the date of suit. Consequently by no stretch of imagination it could be assumed that the suit of the plaintiff was time barred. I accordingly, don't find any merit in this submission of the learned counsel for the appellant. 6. In the result, the present Second Appeal fails and it is hereby dismissed. 7. Office is directed to send back the record of the courts below forth with.