ABINASH CHANDRA GHOSH Vs. PRABHAT RAM DAS

JUDGEMENT

(1.) HEARD Mr. B.R. Dey, learned senior counsel appearing for the appellant, assisted by Mr. P.K. Deb Roy. Also heard Mr. S.P. Choudhury, learned counsel appearing for the respondents.

(2.) THE substantial question of law formulated for deciding this appeal is "whether the suit is barred by the principles of res judicata -

(3.) TURNING briefly to the facts of the case, Title Suit No. 164 of 1995 was instituted by the appellant/plaintiff in respect of the land described in the schedule of the plaint. While making prayer for declaration of possessory right and confirmation of possession over the suit land, the appellant/plaintiff had also referred to the institution of Title Suit No. 148/1979 over the same suit land. According to the appellant/plaintiff whereas the earlier Title Suit No. 148 of 1979 had been instituted claiming occupancy right and confirmation of possession over the suit land on the basis of a gift deed, in the present suit i.e. 164 of 1995 the claim over the suit land is based on Final Khatian No. 132. The subject matter in both the suits being different, the appellant/plaintiff urged that the adjudication of the suit would not suffer or be hit by the principles of res judicata.