Judgement

Consolidated Appeal (No. 78 of 1925) from two decrees of the High Court (March 3, 1924) reversing two decrees of the Subordinate Judge of 24 Parganas.

The first of the two suits (No. 155 of 1919) giving rise to the consolidated appeal was brought by the above-named respondents, two family idols represented by a shebait, against the appellant and other members of the family, for a declaration that certain property was owned by the idols as debottar. The second suit (No. 214 of 1919) was brought by the above-named appellant, first defendant in the first suit, against the other members of the family, for a declaration that the property was ancestral property in which he had a two annas share, and for partition. The appellant by his written statement in the first suit pleaded that having regard to the decision of a previous suit (No. 206 of 1915) it was res judicata that the properties were not debottar. That suit was one between members of the family, the plaint describing the plaintiffs and defendants as shebaits of one of the idols and praying for a scheme of management. The defendants included the appellant and the shebait who represented the idols in suit No. 155 of 1919