Judgement

APPEAL from a decree of the Chief Court (May 16, 1884). The proceedings are stated in the judgment of their Lordships, the point for decision being whether the suit was barred as res judicata.

Mayne, and Arathoon, for the Appellants, contended that the suit was barred, both under sect. 13 and also under sect. 103 of Act X. of 1877. Reference was made to Hunter v. Stewart (4 De G. F. & J. 168, 178.), a leading case, in which the decision was given by Lord Westbury, and also to Thakoor Shankar Buksh v. Dya Shankar and Others (Ante, p. 66.).

The Respondents did not appear.

The judgment of their Lordships was delivered by

LORD WATSON —

In this case the Defendants in the original suit, who bring this appeal, are (1) Mussummat Chand Kour, widow of the late Kalian Singh, and (2) Perak Singh, to whom the first Appellant in 1879 made over by

Law. Rep. 15 Ind. App. 156 ( 1887- 1888)

Mussummat C hand Kour V. Partab Singh 61

deed of gift the fee of her deceased hus-bands estate. The Plantiffs and Respondents are the four nearest agnates of Kahan Singh, and the present suit was instituted by them for the purpose, inter alia, of obtaining a declara tion that the widows gift is inoperativ