Kumari vs Adit Misir - 1925 Supreme(All) 216

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1925 Supreme(All) 216

SULAIMAN
Kumari – Appellant
Versus
Adit Misir – Respondent

JUDGMENT

Sulaiman, J. - This is a plaintiffs' appeal arising out of a suit for ejectment in the Revenue Court. It appears that on a previous occasion the plaintiffs instituted a suit for ejectment which they withdrew without permission to institute a fresh suit. Subsequently they brought a suit for arrears of rent in the Court of an Assistant Collector, Second Class, and that suit was dismissed on the ground that the defendant-appellant was in fact a mortgagee, and not a tenant, of an agricultural holding. They then brought the present suit for ejectment of the defendant in the Court of an Assistant Collector of the First Class. The Court of first instance held that the decision in the former suit was not a bar to the present claim and decreed the suit on the merits. On appeal the learned District Judge allowed the appeal and dismissed the suit on the only ground that the present suit was barred by Section 11 of the Civil P.C.

2. As to the previous withdrawal of the suit for ejectment, the point is quite clear because the withdrawal of such a suit is not a bar to a subsequent suit. The right to sue for ejectment accrues from year to year, and the present suit is not brought on the sa

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