Orissa Court September 1950 Judgments

Padmanabho Singh Vs. Arjuna Panigrahi and ors.

Court: Orissa

Reported in: AIR1953Ori92

Narasimham, J. 1. These thirteen appeals are against the appellate judgment of the Subordinate Judge of Berhampur affirming the judgment of the Munsif of Aska dismissing thirteen suits brought by the plaintiff-appellant for realisation of Jodi (quit rent) from the respondents.2. The appellant is the proprietor of Dharakot estate which is an impartible zamin-dari in Ganjam District. He brought thirteen suits for realisation of arrears of Jodi from the respondents and some other co-sharers in respect of several inam lands situated within his zamindari. One of them was a Dharmila inam which was the subject-matter of R. S. No. 383 of 1944 which corresponds to F. A. 54 of 1948 in the Subordinate Judge's Court and against which Second Appeal No. 61 of 1948 was filed before this Court. So far as this suit is concerned, the trial Court held that the claim for Jodi was barred by res judicata in view of a previous decision between the parties. This view on the question of res judicata was not ch...