A MAHALAKSHMI Vs. PAMMI GARAMA

JUDGEMENT

(1.) THIS revision is directed against an order of the Munsif, Berhampur, in Title Suit no. 224 of 1954 holding that the plaintiff is not precluded from raising the question of title in this suit and the suit is not barred by res judicata.

(2.) THE matter arose in this way: In 1949 the plaintiff, opposite party in the present revision petition, filed a suit being T. S. No. 151/49 (60/50 B. D. M. O.)hereinafter referred to as the first instituted suit, in the Court of the Munsif, berhampur, for among other reliefs, permanent injunction, restraining the defendants from doing certain acts as stated in the plaint of that suit.

(3.) THE following issues, amongst others, were raised in the said first instituted suit: "1. Whether the plaintiff succeeded to the suit schedule properties as the sole owner and has been in enjoyment and possession of the same; 2. Whether the suit properties are the Stridhan properties of late akkamma and devolved upon the defendants and whether the defendants are in possession and enjoyment of the same. " On 18-21951 the said suit was dismissed by the Additional Munsif, Berhampur. The learned Additional Munsif in his judgment gave his findings on different issues including the issues which I have quoted above. An appeal was filed against the said judgment being T. A. No. 7/53 before the Subordinate Judge, Berhampur, who dismissed the appeal upholding the decision of the learned Additional Munsif.