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1923 Supreme(All) 235

RYVES
Jokhu Gadaria – Appellant
Versus
Deokinandan Pandey – Respondent


JUDGMENT

Ryves, J. - This appeal arises out of a suit brought by the plaintiffs-appellants for the recovery of the possession of an occupancy holding on the allegation that their father had entrusted it to the ancestor of the defendants-respondents called Mata Badal as long ago as 1909 and that in spite of the repeated demands the defendants-respondents had failed to make over the holding to the plaintiffs. The claim was resisted on various pleas. The allegation in the plaint that the holding in question was entrusted to Mata Badal was categorically denied and it was further pleaded that the suit was not cognizable by a Civil Court and was barred by the principle of res judicata and by limitation. The plea of res judicata was urged on the ground that the parties had already litigated the question in the Revenue Court where a decision adverse to the plaintiffs was given. It appears that the plaintiffs had first gone into the Revenue Court describing the defendants as their sub-tenants and asking for their ejectment. The defendants pleaded that some time prior to 1906 the plaintiff's father had left the village and the Zemindar had resumed the holding. In 1906 the Zemindar gave the ho

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