V SRINIVASA VARADACHARIAR Vs. SAMI REDDI

JUDGEMENT

(1.) The plaintiff, the owner of 51/15/6th share in the shrotriem, sues to enforce acceptance of pattas. As he is only a joint owner he is not entitled to sue for proportionate rent. This question has already been decided by this Court. See C.M.A. No. 125 of 1907 on the file of this Court.

(2.) But it is contended that the plaintiff had already sued and obtained decrees for enforcement of pattas for his 5 1/8th share for fasli 1315 and as the defendants had executed muchilikas for Faslies 1315 and 1316 the plaintiff s right to enforce pattas for his 5 1/8th share should therefore be declared in this suit.

(3.) As to the pattas of the Fasli 1315, it is contended by the Advocate-General that they were executed in pursuance of the decree and there is no res judicata as the decision with reference to the patta for Fasli 1315 was on a pure question of law.