HAZARI SINGH Vs. JHUNNA SINGH

JUDGEMENT

(1.) This is an appeal against a judgment of a learned single Judge of this Court, who gave effect to the plea of res judicata in second appeal and dismissed the plaintiff's suit.

(2.) It appears that the plaintiff claimed a share in a certain property. He instituted two suits. In the first suit he stated that the property belonged to one Kauleshar, that on his death the widow Mt. Kali Kunwar was in possession as a Hindu widow, and that on her death as a reversioner to the estate of Kauleshar he was entitled to the property. The suit was filed in the Court of the Munsif of Azamgarh and was dismissed on the sole ground that the property did not belong to Kauleshar, but had belonged to Kali Kunwar who was the absolute owner of the property.

(3.) Thereupon the plaintiff instituted the suit out of which the present appeal has arisen on the allegation that he was one of the heirs of Kali Kunwar and he was entitled to a share in the property. The present Suit was filed in the Court of the Subordinate Judge of Azamgarh.