KISHANLAL Vs. JEETMAL

JUDGEMENT

(1.) THIS is a second appeal filed on 9th September, 1963 against the order in appeal of the Revenue Appellate Authority dated 15-7-63.

(2.) THE facts in brief are that one Shri Uda s/o Rupa Jat of Singhpur had mortgaged his land to the respondent Jeetmal for Rs. 400/- under a registered deed on the 4th September, 1943. A suit for redemption of the suit lands was filed which was decreed but, for some reason or the other, the decree was not executed. In the meanwhile Uda soldi his right of redemption to Kishanlal appellant. Kishanlal, in St. year 1990, filed knottier suit for redemption. This case went upto the highest court of appeal in those days, namely, the High Court of Judicature, former Rajasthan and it was dismissed ultimately on the ground that u/s 47 of the Code of Civil Procedure a fresh suit was not maintainable when a decree passed in a previous suit had not been executed. Kishanlal, after the Rajasthan Tenancy Act had come into force, brought the present suit u/s 43 (2) read with Sec. 183 against the respondents. This suit was decreed in the trial court. An appeal was filed by the respondent Jeetmal which was accepted. Aggrieved by this order, the appellant Kishanlal has filed a second appeal before us.

(3.) VARIOUS other authorities AIR 1934 Cal. 282, AIR 1930 Patna, 585, AIR 1928 Cal. 717 were quoted before us. We find that these authorities only explain the principle of resjudicata and the facts in those cases are not applicable in this case.