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Gowri Koer Vs. Audh Koer and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil;Property
CourtKolkata
Decided On
Judge
Reported in(1884)ILR10Cal1087
AppellantGowri Koer
RespondentAudh Koer and ors.
Excerpt:
res judicata - decision on a point of law subsequently disapproved of by a full bench can be pleaded as res judicata. - richard garth, c.j.1. the plaintiff in this suit seeks to recover certain property under a deed, dated the 26th july 1870, by which it was conveyed to her by two persons named ramkhelawan and lalbehari.2. lalbehari, it was said, inherited it from a lady named narain koer, who died about the month of march 1870. ramkhelawan had derived a portion of the property from him, and they both professed by this deed of sale to convey the property to the plaintiff.3. it seems that in the year 1871, the plaintiff, as well as ramkhelawan and lalbehari, brought a suit against the defendant, mussamat audh koer, to recover this very property, and her suit was dismissed. the case then came up before the high court, who affirmed the decree of the court below.tiff miss page no. 756
Judgment:

Richard Garth, C.J.

1. The plaintiff in this suit seeks to recover certain property under a deed, dated the 26th July 1870, by which it was conveyed to her by two persons named Ramkhelawan and Lalbehari.

2. Lalbehari, it was said, inherited it from a lady named Narain Koer, who died about the month of March 1870. Ramkhelawan had derived a portion of the property from him, and they both professed by this deed of sale to convey the property to the plaintiff.

3. It seems that in the year 1871, the plaintiff, as well as Ramkhelawan and Lalbehari, brought a suit against the defendant, Mussamat Audh Koer, to recover this very property, and her suit was dismissed. The case then came up before the High Court, who affirmed the decree of the Court below.

Tiff miss page No. 756


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