GANTA SWAIN Vs. KANDHUNI GOUDUNI

JUDGEMENT

(1.) THE plaintiff -appellants filed Title Suit No. 90 of 1981 of the Court of the Subordinate Judge, Aska for a declaration that the judgment and decree passed in Title Suit No. 27 of 1971 relating to the suit lands are hot binding on them.

(2.) IT appears that Siria Gouduni (since deceased) filed Title Suit No. 27 of 1971 against the co -sharers including the present defendants for partition. The said suit was decreed preliminarily on June 26, 1975 and final decree was passed on January 6. 1981. According to the plaintiffs, during the pendency of the partition suit being Title Suit Mo, 27 of 1971 they purchased the suit lands from the said Sis ia Gouduni on January 22, 1975 by registered sale deeds. It has been alleged in the plaint that the plaintiffs had no knowledge of the said pending suit at the time of their purchase nor they were informed of anything about the said pending suit.

(3.) ON the basis of the rival pleadings a preliminary issue about the maintainability of the suit was framed. The trial Court found that the suit cannot be said to be hit by Section 4 (4) of the aforesaid Consolidation of Holdings Act, because the Consolidation authority has no power or authority to declare a decree of the Civil Court as nullity or void. The Court below, however, held that the plaintiffs' claim is barred by the principle of res judicata and dismissed the suit. The plaintiff -appellants have filed the present appeal against the said judgment and decree.