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Midnapur Zemindary Company Ltd. Vs. Jogendra Kumar Bhaumick and ors. - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in41Ind.Cas.584
AppellantMidnapur Zemindary Company Ltd.
RespondentJogendra Kumar Bhaumick and ors.
Excerpt:
res judicata - rent suit--decision as to jama payable. - .....for the idea that is said to have been got from the books that no case of res judicata arises in a rent suit, there is no authority at all. the case of res judicata may arise in a rent suit just as much as in any other suit. the case need not rest only on the questions of constructive res judicata as found by the learned judge of the lower appellate court, but also on actual case of res judicata. there was an issue as to what was the jama payable, and the answer which the learned judge gave was that the rent must be assessed on the land at 15| annas per bigha according to the compromise decree. there was an express adjudication on that point that the rent was payable at the rate of 15| annas per bigha and, therefore, the case is really a much stronger one than set out in the judgment of.....
Judgment:

Fletcher, J.

1. This appeal must be dismissed. The very satisfactory judgment given by the learned Judge of the lower Appellate Court is quite clear and I think the reasons are unanswerable, For the idea that is said to have been got from the books that no case of res judicata arises in a rent suit, there is no authority at all. The case of res judicata may arise in a rent suit just as much as in any other suit. The case need not rest only on the questions of constructive res judicata as found by the learned Judge of the lower Appellate Court, but also on actual case of res judicata. There was an issue as to what was the jama payable, and the answer which the learned Judge gave was that the rent must be assessed on the land at 15| annas per bigha according to the compromise decree. There was an express adjudication on that point that the rent was payable at the rate of 15| annas per bigha and, therefore, the case is really a much stronger one than set out in the judgment of the learned Subordinate Judge. At the earns time, I think that the judgment pronounced by the learned Judge of the lower Appellate Court is quite sufficient to dispose of the appeal preferred by the defendant. The present appeal, therefore, fails and must be dismissed with costs.

Newbould, J.

2. I agree.


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