SODAMAN Vs. JHARU

JUDGEMENT

(1.) THIS appeal under Clause 10 of the Letters Patent raises a question whether the suit Out of which the appeal has arisen is barred by the rule of res Judicata.

(2.) ON 15-3-1941 certain proprietors of village Narwana of the Kangra District obtained a decree for a declaration that they are entitled to graze their cattle in the shamilat of Tika Chak Bandhar and Chak Ban Chandar Bhan. This decree was upheld by the District Judge and later by a learned Judge of the High Court at lahore

(3.) THIS decision does not appear to have settled the disputes between the parties, for on 28-8-1948 certain other proprietors of the village (defendants in the earlier case) brought a suit for the recovery of a sum of Rs. 190/- on account of the damages sustained by them as the defendants (plaintiffs in the earlier case) had allowed their cattle to graze in certain areas of the shamilat land surrounding their huts which were reserved, exclusively for the me of the plaintiffs. The trial Court came to the conclusion that as the plaintiffs' right to graze in the entire shamilat land has been established by the earlier judgment, the plaintiffs' claim for damages was barred by the doctrine of res judicata. The order of the trial Court was upheld by the District Judge, but a learned Judge of this Court before whom the appeal came up for hearing allowed the appeal and remanded the case for decision on its merits. In the course of his order the learned Judge observed as follows: