Cornish, J.

1. The appellant was plaintiff in the suit, O.S. No. 251 of 1926, for a declaration of his right of way from a doorway in his premises over the defendants adjacent yard marked Y on the plan, and for the removal of an obstruction by the defendant to that right of way. The suit was decreed by the trial Court. On appeal objection was taken that his claim was barred by operation of Section 11, Expln. IV, Civil P.C. As a result of an issue framed by the District Judge on this point, the trial Court found, and this finding has been accepted by the District Judge, that plaintiffs claim to an easement could and should have been raised by him in the previous suit between the parties, and that his failure to then raise it, is a bar to his setting it up in the present suit. The suit ha! accordingly been dismissed. In that previous suit, O.S. No. 496 of 1923, the position of the parties was reversed. The present defendant was then the plaintiff and he sued for a declaration of his sole ownership of the yard Y and for an injunction to close the doorway giving access to it and to restrain the then defendant, the present plaintiff, from trespassing in yard Y. In that suit the t