High CourtsSingle Bench(1909) 10 MAD CK 0060

Bhadra Rajayya vs Machabathmi Lakshmi Devamma

Madras High Court · Decided on 29 October 1909 · Citation: 5 Ind. Cas. 815

HON’BLE JUDGES
Miller, J

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Judgment

2 paragraphs · 96 words

Miller, J.—I donot think the defence was barred. In the former suit the defendant was not allowed to deny the plaintiff''s title but it was not found that the plaintiff had any title.

2.

In the present suit the District Munsif finds that the defendant is no longer the plaintiff''s tenant and the question of estoppel does not seem to arise. I must hold that the defence on title was not barred, and reversing the decree, remand the suit for disposal on the merits according to law. The costs of this petition will abide the event.