PRABHU NATH SINGH Vs. SMT. MANIKRAJI DEVI

JUDGEMENT

(1.) This is a plaintiffs second appeal in a suit for declaration that he is the adopted son of Raghupati Singh.

(2.) The two courts below have held that the point in issue between the parties, namely whether the plaintiff is the adopted son of Raghupati Singh, was res judicata and the suit was not maintainable in view of Holdings Act, by reason of the judgment by the High Court in C. M. Writ Petition No. 3450 of 1960 dated 6th May, 1960, quashing the order of the Dy. Director of Consolidation and directing that the name of the defendant shall be recorded as the tenure-holder in place of her deceased husband Raghupati Singh.

(3.) The learned counsel for the appellant urged that the view of the two courts below that the trial of the plaintiffs claim for the declaration that he is the adopted son of Raghupati Singh was barred by Sec. 49 of the U. P. Consolidation of Holdings Act, or by res judicata is erroneous in law. He relied on Noor Khan Vs. Board of Revenue, 1977 All WC 394 ; in which K. N. Seth, J. repelled the argument that the suit in the revenue court in that case was barred by Sec. 49 of the U. P. Consolidation of Holdings Act, with the following observations: