KALI CHARAN SINGH Vs. BAGESHRA KUNWARI

JUDGEMENT

(1.) This second appeal arises out of a suit brought by certain persons alleging themselves to be the presumptive reversionary heirs of one Makundi Singh against the widow in possession and against certain transferees from the widow.

(2.) Amongst other points taken up in defence, it was urged that the plaintiffs- appellants were not the next reversioners. The Subordinate Judgo of Jaunpur framed an issue on this pleading and decided it in favour of the defendants, namely, he held that there was a nearer reveraioner, one Jangbahadur, grandson of Makundi Singh. The plaintiffs, however, pleaded that the defendants were debarred from taking advantage of this plea because in a previous suit brought by their father as next reversioner against the widow and against transferees of other portions of the estate of Makundi Singh, the widow and those transferees had failed to adopt the plea now put forward that the plaintiffs father was not the next reversioner. The Subordinate Judge accepted this plea and held that the matter was res judicata. He consequently decreed the plaintiffs suit.

(3.) In appeal the District Judge held that the doctrine of res judicata did not apply and accordingly on the finding of fact that the plaintiffs were not the next reversioners, dismissed the suit.