CHENGALVALA GURRAJU Vs. MADAPATHY VENKATESWARA ROW PANTULU GARU

JUDGEMENT

(1.) The defendant is the appellant. The respondent filed Suits Nos. 466 of 1909 and 276 of 1910 against, the appellant to enforce acceptance of pattas for faslis 1318 and 1319. They were dismissed by the Sub-Collector on the 19th December 1910 on the ground of want of jurisdiction but they were remand ed for disposal by the District Court on the 28th November 1911.

(2.) The Sub-Collector on remand passed a decree in both suits on the 26th March 1912. The suits were tried together and one judgment covered both the suits. Appeals were filed to the District Court on the 17th January 1912.

(3.) While proceedings were pending before the Sub-Collector the respondent (who is the landlord) filed S.S. No. 412 of 1911 to enforce acceptance of the patta tendered for fasli 1320. The Sub-Collector on the 23rd May 1912 passed a decree in favour of the plaintiff on the ground that the decision in S.S. No. 276 of 1910 passed on the 26th March 1912 rendered the contentions raised in the suit res judicata. No appeal was filed against the decree in S.S. No. 412 of 1912.