VIRUTHUROYAR MECHI VEERAPATTAM UGNIPARIYADAYA VELLAVATTU TIRUMALA RAGURAMA IMMUDI KANAHA RAMAYA ALAGARAYA GOUNDER Vs. RAMANUJA NAIDU

JUDGEMENT

(1.) Two points were raised on appeal: (1) That the Subordinate Judge was wrong in holding that the claim in the present suit was not res judicata; (2) that he was wrong in holding that the entire estate in the zamindari and not only the life interest of the zamindar was sold in execution and purchased by the first defendant.

(2.) We think the Subordinate Judge was right in holding that the whole estate was sold. This being so it is not necessary for us to discuss the question of res judicata.

(3.) As regards the second point the question is what did the Court intend to sell and what did the purchaser understand that he bought. This is a question of mixed law and fact and must be determined by the evidence in the particular case.