KAMAL CHANDRA Vs. MAHESH CHANDRA

JUDGEMENT

(1.) THIS is a Second Appeal from the judgment and decree of the learned District Judge, U. A. D., dated 13th January, 1950 by which he affirmed the judgment and decree of the trial court which had dismissed the plaintiff's suit with costs.

(2.) THE plaintiff Kamal is the son of one Dharmeswar and grand son of Krishna Kanta. The plaintiff brought a suit for a declaration that he was entitled to the office of the Adhikar of the Gomotha Mahara Satra mentioned in Schedules (Ka) and (Kha). The defence to the suit was that the plaintiff was not entitled to the declaration sought as the rule of succession was not as claimed by him namely that the office was to devolve on the senior male member of the family, but that the office was to devolve on the nominated son of the last Adhikar; that Pitambar who was the son of the last Adhikar namely Kamdev and nominated by him to the office of the Adhikar was entitled to the office and after Pitambar's death Defendant 2 and not the plaintiff was entitled to the office.

(3.) BEFORE us the only issue argued was the issue relating to the bar of res judicata. It is contended by Mr. Ghose for the appellant that in view of the decision in suit No. 780 of 1907 brought by Kamal's father Dharmeswar declaring Dharmeswar's right to the office in question in virtue of a rule of succession which enabled the senior male member of the family to succeed to the office, the decision in the present suit, being a decision contrary to the decision given in the suit of 1907, must be set aside and the appellant declared as being entitled to the office. We are unable to accept the contention.