1960 Present : Basnayake, C.J., H. N. G. Fernando, J.,
and T. S. Fernando, J.

SATHUK, Appellant, and LAYAUDEEN
and others, Respondents

S. C. 452-D. C. Colombo, 7521/L

Res judicata-Estoppel by judgment-" Same parties "-Privity between father and son-Civil Procedure Code, s. 207-Evidence Ordinance, s. 100.

On an issue of res judicata, a decree against the father in respect of the same property binds the son when the latter bases his claim on the same deed on which his father based his claim.

APPEAL from a judgment of the District Court, Colombo.

On 27th May 1927 Saffra Umma gifted certain property to the defendants, who were her grandchildren. On 4th February 1928 she revoked the gif£ and gifted the property to her son Sathuk. On 27th September 1943 the defendants sued their paternal uncle, Sathuk, in case No. 2997for a declaration that they were entitled to the land, and judgment was entered in their favour. After Sathuk died, the plaintiff, who was Sathuk's son, sued the defendants for a declaration of title in respect of the same property. He based his claim on the very deed on which his father relied in case No. 2997. The defendant