R.K.MANISANA SINGH
Uphras Lapasam and another – Appellant
Versus
Ka Esiboll Lyngdah and others – Respondent
JUDGMENT:- This appeal arises from the judgment and decree passed by the learned District Council Court, Jowai in Misc. Title Civil Appeal No.1 of 1982 confirming the judgment and decree passed by the Subordinate District Council Court passed in Title 13 of 1980.
2. The appellant instituted Title Suit No.13 of 1980 against the respondents claiming, inter alias, a decree for declaration of right and title of the plaintiff to the disputed forest, in the Court of the Subordinate District Council Court (Trial Court). The learned Trial Court disposed of a preliminary issue relating to res judicata. The learned Trial Court held that the Suit was barred by the principles of res judicata as a result of the decision of the S.D.O., Jowai in Civil Appeal No. 16 of 1951 and dismissed the suit. The appeal from the judgment and decree of the Trial Court to the District Council Court, Jowai was dismissed by the District Council Court in Misc. T. C. Appeal No.1 of 1982. Therefore, the appellant filed MA(S) 3(SH) of 1983 in this Court.
3. Mr. B. Lamare, learned counsel for the appellant submits that the order in Civil Appeal No. 16 of 1951 is a compromise order or decree and as such, it cann
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