NAND KISHORE Vs. GANESH LAL

JUDGEMENT

(1.) THIS is a second appeal by the unsuccessful appellant plaintiff against the appellate judgment and decree passed by the Commissioner Kota dated the 30th November, 1959, by which the learned Commissioner upheld the judgment and decree of the Assistant Collector, Bundi. The appellant had filed a suit before the learned Assistant Collector Bundi for a share of inheritance in the disputed land which was dismissed as being by the principle of res-judicata because of a similar suit for partition which the appellant had earlier brought having been decided against him. THIS second appeal was heard by a Division Bench and the only point which was urged before the Division Bench by the learned counsel for the parties was in regard to the application of the principles of res-judicata. The learned Members who formed the Division Bench, however differed in their opinion and therefore this appeal has been heard by me under sec. 13 (2) of the Rajasthan Land Revenue Act 1956.

(2.) I have heard the counsel for the parties and have also carefully examined the record.