MAHARANI BENI PERSHAD KOERI Vs. RAJ KUMAR CHOWBEY

JUDGEMENT

(1.) In this appeal, the plaintiff is the appellant. In the Court of first instance she sued to recover from the defendants arrears of rent for the years 1303 to 1305 on the allegation that the yearly jama payable by the defendants was Rs. 53-4-0.

(2.) The defendants contended that the yearly rent was Rs. 42-12. In support of her claim, the plaintiff relied on a judgment and decree dated the 20 January 1887 in which in a suit brought by her predecessor against the same defendants, the claim was decreed at the rental of Rs. 53-4-0 per annum. The defendants, on the other hand, relied on a judgment and decree dated the 21 December 1896 in which in a similar case, the plaintiff obtained a decree at the rental of Rs. 42-12-0. Before the Munsif, it was argued on behalf of the defendants that the plaintiff in this case was barred by the doctrine of res judicata from recovering rent at a higher rate than Rs. 42-12 which was decided to be the rental in the judgment of the 21 of December 1896. On the other hand, it was contended on behalf of the plaintiff that, having regard to the circumstances of the case and the previous judgment of 1887, that judgment could not be held to operate as res judicata. The Munsif did not accept the contention put forward by the defendants and, holding that the rental was Rs. 53-4-0 as claimed by the plaintiff, gave her a decree for the full amount claimed with costs and interest.

(3.) On appeal to the District Judge, that officer reversed the finding of the Munsif holding that the judgment and decree in the case decided on the 21 December 1896 operated as res judicata between the parties and was a bar to the plaintiff recovering rental at a higher rate than Rs. 42-12-0.