IMPORTANT POINT
The suit for declaration was rightly dismissed by High Court on the ground of res judicata.

ORDER

The appellant had laid the suit for declaration of 2/3rd share of the house in his favour, on the premise that he was a co-onwer. It is not in dispute that on a previous occasion in a suit filed by the co-sharer, a finding was recorded that he was not entitled for 2/3rd share but to 1/5th share. The said decree became final. In view of the matter, it operates as res judicata as against the co-owners. He cannot claim any share in the suit for 2/3rd share. The High Court, therefore, was right in dismissing the suit. We do not think there is any legality in the finding recorded by the High Court.

2. The appeal is accordingly dismissed. No costs.

Appeal dismissed.

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Parallel Citations of other Journals :

Mukhtiar Ahmad v. Smt. Husan Bano & Ors., 1996(2) Supreme 364 : JT 1996(2) SC 649

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