ARSAMMA Vs. MOIDIN KUNHI BEARI

JUDGEMENT

(1.) The point to be decided now is whether the question of second defendant's title has been concluded against her by reason of the order passed in R.E.A. No. 243 of 1910 in R.E.P. No. 375 of 1910.

(2.) The suit property was attached in R.E.P. No. 375 of 1910 and the second defendant filed a claim petition (R.E.A. No. 243 of 1910) claiming right to the property. The order passed on that petition is Exhibit E and runs as follows: There is no time to investigate into this claim. This petition is dismissed without investigation on the ground of delay. I may add that the sale will not affect the rights, if any, of this petitioner.

(3.) The plaintiff's contention is that as the second defendant did not file a suit within a year from the date of this order her right to the property is barred.