GOBER SHEIKH Vs. ALIPUDDIN SHEIKH

JUDGEMENT

(1.) These two appeals arise out of two suits for declaration of title to, and recovery of possession of, two small plots of land appertaining to a big jote of 960 bighas.

(2.) The Court of first instance dismissed the suits. On appeal to the lower Appellate Court, that decree was reversed and the suits were decreed. The defendant has appealed to this Court.

(3.) The questions raised in this appeal are, first, whether there was an abandonment of the jote by the plaintiff s predecessor, secondly, whether the decision in the rent suit brought by the plaintiff against the defendant No, 1 operates as res judicata; and thirdly, whether the claim is barred by special limitation contained in Section 27 of Act VIII of 1869.