RAM JAS SINGH Vs. RAM HARAKH PANDEY

JUDGEMENT

(1.) This is a defendant's appeal arising out of a suit for a declaration that the lands mentioned in the plaint are owned and possessed by the plaintiffs and the defendants have no longer any connexion with them and in the alternative for the dispossession of the defendants. The defendants pleaded that they were the tenants of the plaintiffs and therefore the Court of first instance referred the issue to the revenue Court under Section 273, Agra, Tenancy Act. The revenue Court did not go into the question of fact on the merits but held that it was bound by a previous decision of the revenue Court dated 4 February 1925 which had been affirmed on appeal and therefore returned the finding that the defendants were the tenants of the plaintiffs. The learned Munsiff was bound to accept that finding and dismissed the suit. On appeal the lower appellate Court has taken a contrary view and come to the conclusion that the revenue Court ought to have decided the case on the merits and not held itself bound by the previous decision.

(2.) It has accordingly set aside the decree of the Court of first instance and remanded the case to that Court with directions that the issue may be sent back by the learned Munsiff to the Assistant Collector and a finding called for afresh and then the suit be disposed of by the learned Munsiff.

(3.) Mr. Gaur who has argued the case on behalf of the appellants with great ability has contended before us that the former decision of 4 February 1925, operated as res judicata so far as the Assistant Collector was concerned and that therefore the finding returned by the revenue Court must be accepted.