Judgement

Appeal (No. 115 of 1927) from a decree of the High Court (November 26, 1925) reversing a decree of the Additional Subordinate Judge of Banda.

The suit was brought by the appellant on December 15, 1920, for a declaration that she was entitled to a malikana granted by the Government, and to eject the respondent from a house at Warnagar. The properties in suit formed part of the estate of the appellants father, who died in 1875, and had been in possession of her mother for a widows estate until February, 1914, when she died and the appellant became entitled as her fathers heir. The defendant-respondent pleaded that the suit was barred by limitation, and that she had acquired title by adverse possession ; she also pleaded that the suit was barred under the Code of Civil Procedure, s. 11, exp. iv., and Order ii., r. 2, having regard to a suit brought by the appellant in 1890.

The facts are fully stated in the judgment of the Judicial Committee.

The trial judge decreed the suit, but his decree was reversed by the High Court. The learned judges (Mears C.J and Lindsay J.) held that the suit was barred by adverse possession; in their view the defence of res judicata failed.

1929.