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Bhadra Rajayya Vs. Machabathmi Lakshmi Devamma - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in5Ind.Cas.815
AppellantBhadra Rajayya
RespondentMachabathmi Lakshmi Devamma
Excerpt:
civil procedure code (act xiv of 1882), section 13 - bar of defence. - miller, j.1. i donot think the defence was barred. in the former suit the defendant was not allowed to deny the plaintiff's title but it was not found that the plaintiff had any title.2. in the present suit the district munsif finds that the defendant is no longer the plaintiff's tenant and the question of estoppel does not seem to arise. i must hold that the defence on title was not barred, and reversing the decree, remand the suit for disposal on the merits according to law. the costs of this petition will abide the event.
Judgment:

Miller, J.

1. I donot think the defence was barred. In the former suit the defendant was not allowed to deny the plaintiff's title but it was not found that the plaintiff had any title.

2. In the present suit the District Munsif finds that the defendant is no longer the plaintiff's tenant and the question of estoppel does not seem to arise. I must hold that the defence on title was not barred, and reversing the decree, remand the suit for disposal on the merits according to law. The costs of this petition will abide the event.


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