Gowri Koer Vs. Audh Koer and ors.

Gowri Koer vs Audh Koer and ors.

Type Court Judgment Court Kolkata Decided Sep 01, 1884

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Citation: sooperkanoon.com/867388
Court: Kolkata
Judge: Richard Garth, C.J. and ;Beverley, J.
Decided On: Sep 01, 1884
Subject: Civil;Property

Case Summary

AI-generated summary - not the official court judgment text.

Res judicata - Decision on a point of law subsequently disapproved of by a Full Bench can be pleaded as res judicata. -

Key legal issue: Civil;Property

Parties & Advocates

Appellant / Petitioner

Gowri Koer

Respondent

Audh Koer and ors.

Legal References

Reported In: (1884)ILR10Cal1087

Excerpt

res judicata - decision on a point of law subsequently disapproved of by a full bench can be pleaded as res judicata. - richard garth, c.j.1. the plaintiff in this suit seeks to recover certain property under a deed, dated the 26th july 1870, by which it was conveyed to her by two persons named ramkhelawan and lalbehari.2. lalbehari, it was said, inherited it from a lady named narain koer, who died about the month of march 1870. ramkhelawan had derived a portion of the property from him, and they both professed by this deed of sale to convey the property to the plaintiff.3. it seems that in the year 1871, the plaintiff, as well as ramkhelawan and lalbehari, brought a suit against the defendant, mussamat audh koer, to recover this very property, and her suit was dismissed. the case then came up before the high court, who affirmed the decree of the court below.tiff miss page no. 756

Full Judgment

Richard Garth, C.J.

1. The plaintiff in this suit seeks to recover certain property under a deed, dated the 26th July 1870, by which it was conveyed to her by two persons named Ramkhelawan and Lalbehari.

2. Lalbehari, it was said, inherited it from a lady named Narain Koer, who died about the month of March 1870. Ramkhelawan had derived a portion of the property from him, and they both professed by this deed of sale to convey the property to the plaintiff.

3. It seems that in the year 1871, the plaintiff, as well as Ramkhelawan and Lalbehari, brought a suit against the defendant, Mussamat Audh Koer, to recover this very property, and her suit was dismissed. The case then came up before the High Court, who affirmed the decree of the Court below.

Tiff miss page No. 756

Same Parties Gowri Koer vs Audh Koer and ors. Same Subject Civil;Property Same Judge Richard Garth, C.J. and ;Beverley, J.

Civil;Property