MANE MUHAMMAD NASYA Vs. DHANI MUHAMMAD

JUDGEMENT

(1.) The plaintiffs brought the present suit for the establishment of their title to six plots of land mentioned in Schedule (ka) of the plaint and also for khas-possession of those plots. There was also a prayer in the alternative to recover rent for those plots.

(2.) The plaintiffs case is that the defendants were holding six plots arid one Subratu was holding another six plots of land under them. It is alleged that this Subratu abandoned his holding and went away to Bhutan Duars and that since then, the defendants have held all the twelve plots under a consolidated jama of Rs. 30 a year. They further say that they instituted Suit No. 461 of 1905 for rent against the present defendants, in which the defendants denied holding Subratu s jama and contended that their jama was only Rs. 16 per year and that that suit was decreed at the admitted rate. On the above facts, the plaintiffs brought the present suit.

(3.) The defendant s main contention in the present suit is that the question of the amount of rent payable, having been finally decided in the rent suit of 1905, and the six plots of land included in this suit being included in the eight plots of the previous rent suit, this suit is barred by the rule of res judicata.