Law:

Section:

Suit-Three suits, X, Y & Z, involving common issues, heard analogously and disposed of by one judgment-Appeal preferred against decree in suit X but no appeal filed in suits Y and Fresh suit (on basis of appellate decision in suit X) in respect of lands which were subject-matter of suits Y and Z not maintainable after decrees in suits Y and Z had become final. A litigant if he fails to prefer appeal against a decision, cannot be allowed to get rid of the decision by filing an independent suit. A decision although may appear to be wrong, unless it is set aside by a superior Court in due course of law, cannot be set at naught by an independent suit without any allegation of fraud. Pramatha Nath Choudhury and others v. Rai Dwarka Nath Chakravorty Chaudhury Bahadur and others (1957) 7 P L R (Dacca) 209 distinguished. Dates of hearing : 26th and 27th January 1970.   JUDGMENT This appeal is at the instance of the plaintiff who filed Title Suit No. 94 of 1960 in the Ist Court of Munsif, Chikandi for declaration of title to the lands in suit and also for recovery of possession therein. The plaintiff's case, inter alia, is that there was an occupancy raiyati holding comprising 2.78 acres of land at a jama of Rs. 10 appertaining to Khatian No. 41 of Mouza Nilagun belonging to Nitya Nanda Mondal and 5 others and that by an amicable arrangement Nitya Nanda was in exclusive possession of four R. S. Plots, namely, Nos. 322, 324, 325 and 326 and the plaintiff purchased 08 acre of land of R. S. Plot No. 322 and '40 acre of land of R. S. Plot No. 325 by two registered kabalas dated 1-10-56 from the Nitya Nanda and after the said purchase the plaintiff has been possessing the same by constructing homestead therein. It is further stated that by another kabala of the same date the plaintiff purchased. 29 acre of land of Plot No. 324 and 35 acre of land of Plot No. 326 from Nitya Nanda and the defendant Nishi Kanta having claimed to be a co-sharer of the said jama instituted three Miscellaneous cases, namely, 338 of 1958, 10 of 1959 and 11 of 1959 for pre-empting the said three sales under section 26-F of the Bengal Tenancy Act and the -'said three…