DAUDBHAI ALLIBHAI Vs. DAYA RAMA

JUDGEMENT

(1.) This appeal raises a point of res judicata.

(2.) The plaintiff sued in 1903 alleging that the defendant was liable to pay assessment as enhanced by the Survey Settlement, but had failed to do so ; that he was a tenant at will and not a permanent tenant; that plaintiff had given him notice to quit and that he had not given up possession. Plaintiff, therefore, prayed for two reliefs: (1) to recover possession of the land, and (2) to recover arrears of assessment at the enhanced rate.

(3.) Defendant in his written statement replied that he was not liable to pay enhanced assessment; that he was a permanent tenant; and that plaintiff was not entitled to recover possession.