Present: Pereira J.

CATHRINA et al. v. ALLIS et al.

Action rei vindicatio-Prospective mesne profits claimed-Claim disallowed-Subsequent action does not lie-Res judicata-Civil Procedure Code, s. 196.

Where in an action rei vindicatio prospective mesne profits are claimed by the plaintiff, and the claim is disallowed, the order, in spite of the provision of section 196 of the Civil Procedure Code, operates as res judicata between the parties, and no fresh action can be brought for the recovery of the same mesne profits. Section 196 does not vest in the Court a discretion as to allowing or disallowing future mesne profits, but the discretion vested is merely a discretion an to assessing beforehand the anticipated loss, and giving judgment accordingly.

THE facts appear from the judgment.

H. A. Jayewardene and Arulanandam, for plaintiffs, appellants.

A St. V. Jayewardene, for respondents.

July 1, 1913. Pereira J.-

The plaintiffs, claiming a certain share of the land called Leanaduragewatta, complain that the defendants are in unlawful possession of the share, and pray that they be condemned to pay the plaint