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Showing contexts for: ejectment execution in S.Jeyakumar vs Thulasiammal on 26 July, 2018Matching Fragments
Raman Menon case :
"2.It is common to both sides that Pakru was originally a tenant under the plaintiff's tarwad. The plaintiff's tarwad put an end to the tenancy and then brought a suit, Original Suit No. 563 of 1892, to eject Pakru. That suit resulted in a decree in ejectment. But that decree was not executed and was allowed to be barred. It seems to me clear that when a plaintiff has obtained a decree for possession of immoveable property and allows execution to become barred, he cannot bring a fresh suit for ejectment against the same parties or their representatives, unless any events have happened between the date of the decree and the date of the second suit which fresh events have given rise to a fresh cause of action in ejectment. The finding of the lower Appellate Court is that no such events have happened. On that finding it seems to roe that this suit is clearly barred as res judicata."