ABDULLAKHAN USMANKHAN Vs. KHANMIYA ARABKHAN

JUDGEMENT

(1.) The lower appellate Court has found upon the evidence that the appellant, Abdullakhan valad Usman khan, is the heir of the deceased Salekhan, and that as such he would have been entitled to the property in dispute, were it not that his right is barred on theground of res judicata,.

(2.) That ground is based upon Suit No. 265 of 1901, brought by the first respondent, Khanmiya, claiming as the heir of the deceased Salekhan, against several persons, of whom the appellant was defendant No. 7 and the second respondent was defendant No. 13. The first respondent prayed in that suit for partition of the properties specified in his plaint and for allotment to him of Salekhan's share therein.

(3.) The property now in dispute was not included in the plaint. The appellant in his defence denied the first respondent's heirship and asserted himself to be Salekhan's heir.