RAGHUNANDAN SINGH Vs. SMSOUBHAGUA SUNDARI DEVI

JUDGEMENT

(1.) This is an appeal under the Letters Patent by the defendant against a decision of Bay J. The facts are that the plaintiff instituted 225 suits for the rent of different holdings against the tenants of these holdings impleading the appellant in every suit as a cosharer landlord. The plaintiff claimed eight annas of the rent, alleging that he was an eightanna cosharer in the proprietary interest.

(2.) The appellant, on the other hand, denied that the plaintiff had any title to the land and alleged that he himself was the sole landlord. The first Court held in favour of the plaintiff and decreed the claim. In one of the suits only the appellant preferred an appeal, reiterating his claim to be the sole landlord. The appellate Court held that the matter was res judicata and dismissed the appeal. A second appeal to this Court was also dismissed.

(3.) So far as this Court is concerned, the matter is concluded by the decision of two Division Benches, namely, Mrs. Gertrude Oates V/s. Mrs. Millicent D Silva A.I.R. 1933 Pat. 78 and Ramkishan Lal V/s. Abu Abdullah Sued Hussain Imam 156 Ind. Cas. 998, where it has been held that where a question of title is decided in two cases, and there is an appeal in one only, leaving the other decision unchallenged, it is not open to the Court in appeal to investigate the matter again. This appeal must, therefore, be dismissed with costs. Manohar Lall, J. I agree.