Kalu Banda V. David Appuhamy

1963 Present: L. B. de Silva, J., and Abeyesundere, J.

H. M. KALU BANDA and another, Appellants, and
 S. K. B. A. D. DAVID APPUHAMY, Respondent

S.C. 274/1961-D. C. Kurunegala, 13,392/L

Res judicata-Same parties and subject matter in two rei vindicatio actions-New title acquired by one party after the decree in the earlier case-Validity-Civil Procedure Code, s. 207.

     A decree entered in favour of the plaintiff in an action for declaration of title to a divided portion of a land consisting of certain lots  cannot operate as res judicata in another similar action between the same parties in respect of the same land but in respect of a different lot, title to which was acquired by the defendant from a third party subsequent to the decree in the earlier action.

APPEAL from a judgment of the District Court, Kurunegala.

                      C. R. Gunaratne for 1st and 2nd Defendants-Appellants.

                      T. B. Dissanayake, for Plaintiff-Respondent.

Cur. adv. vult.

October 22, 1963. L. B. DE SILVA, J.-

     By decree (P3) dated 26/9/52 the plaintiff was declared entitled to a divided portion of the land called Medawat

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