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PETITIONER: MUKHTIAR AHMED

       Vs.

RESPONDENT: SMT.HUSAN BANO & ORS.

DATE OF JUDGMENT:       14/02/1996

BENCH: RAMASWAMY, K. BENCH: RAMASWAMY, K. G.B. PATTANAIK (J) G.B. PATTANAIK (J)

CITATION:  1996 AIR 1328            1996 SCC  (7) 470  JT 1996 (2)   569        1996 SCALE  (2)423

ACT:

HEADNOTE:

JUDGMENT:                          O R D E R      The appellant  had laid  the suit  for  declaration  of 2/3rd share  of the house in his favour, on the premise that he was  a co-owner.  It is not in dispute that on a previous occasion in  a suit  filed by  the co-sharer,  a finding was recorded that  he was  not entitled  for 2/3rd  share but to 1/5th share.  the said  decree became  final. In view of the matter, it  operates as  res indicata  as  against  the  co- owners. He  cannot claim  any share  in the  suit for  2/3rd share. The  High Court,  therefore, was  right in dismissing the suit.  We do  not think  there is  any legality  in  the finding recorded by the High Court.      The appeal is accordingly dismissed. No costs.