1936 Present : Moseley J. and Fernando A.J.

AMEEN v. PATIMUTTU.

49 & 50-D. C. Colombo, 309.

Res adjudicata-Action by plaintiff for accounting of rents collected by defendant as manager-Defendant's denial of his capacity as manager-Action dismissed of consent-Subsequent action for declaration of title-Plea of res adjudicata-How far it is valid in a decree of dismissal-Civil Procedure Code, s. 207.

In D. C. Colombo, No. 29, the plaintiff sued her husband, the defendant, asking for an account of the rents received by the defendant as her manager from the properties in question and for a declaration that she was entitled to certain premises which had been purchased by the defendant out of the rents collected by him.

The defendant in his answer denied that he collected the rents as manager of the plaintiff. He further alleged that it was agreed that the defendant should take the rents for himself and that the rents were in fact applied to the maintenance and support of the plaintiff and her children.

The action was dismissed of consent, the plaintiff and defendant having settled their differences. The plaintiff brought the present actions in