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1933 Supreme(Mad) 268

BARDSWELL
V. Veeravagu Pillai – Appellant
Versus
M. Manikkavasagam Pillai – Respondent


JUDGMENT

Bardswell, J.

1. The plaintiff brought a suit to recover certain properties. The suit was dismissed on the ground of res judicata by both the first Court and the appellate Court. It was held to be res judicata with reference to two previous decisions, one in O.S. No 505 of 1923 on the file of the District Munsifs Court, Srivaikantam, and the other in O.S. No. 270 of 1925 on the file of the same Court. With regard to O.S. No. 505 of 1923 there has been a great deal of misapprehension and a great deal of unnecessary discussion owing to the wrong way in which that suit was regarded and also owing to a mistranslation of the plaint in that earlier suit as it appears in the printed papers. In the plaint in this suit it was stated that the earlier suit was one for enforcing an award and this is how it has been treated in both the two lower Courts. It has even been referred to in the judgment in that suit itself as a suit to enforce an award. It has therefore been agreed that as the suit was one to recover possession, the right of possession should have been based not only upon the award but upon the two yadasbs that preceded it, and upon which the present claim is based. It is howe





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