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1999 DIGILAW 488 (KER)

Govinda Bhat v. Sham Bhat

1999-10-12

K.A.ABDUL GAFOOR

body1999
Judgment :- K.A. Abdul Gafoor, J. Defendants 1 and 3 to 6 who lost the suit concurrently before the Courts below are the appellants in this case. The only dispute in the suit was with respect to the price payable for are canuts. 2. It is an admitted case that as per ExL Al partition deed the branch of defendants were liable to pay every year 84 maunds of dried are canuts. This payment has to be effected by 'C' sharers to the partition deed to the branch of the first plaintiff and it was meant for equalisation of shares. This is not in dispute. There were several suits in the past with respect to the payment and the rate of payment. Few of the suits came to this Court and this Court rendered judgment in S.A. Nos. 617/72and 168/70. The latter one was in respect of a suit of the year 1966. It is contended by the appellant that in the said Second Appeals this Court had rendered judgments directing that the price payable in terms of Ext. Al partition deed has to be reckoned on the basis of the market rate prevailing in the locality where the property is situated. Inspite of that the trial court and the appellate court in the impugned judgments had taken a different yard stick. That is illegal. The suit was hit by resjudicata based on the said judgments between the parties and they cannot claim other than the rate prevailing in the locality. Therefore a substantial question of law centred around the principles of res judicata is raised in this Second Appeal. It is contended that when there are binding decision between the parties, the Courts below went wrong in relying on the documents produced by the plaintiff as to compute the price payable to them. 3. According to me it is not a question of substantial nature to invite interference under S.100 of the CPC. There arise no resjudicata in respect of price of an article, even if in an earlier suit between the parties it had been found that a particular article did have a particular price. That will not act as resjudicata, because on a later stage, because of the market fluctuations and due to innovative technologies in the field of production, the price may vary in either direction. That will not act as resjudicata, because on a later stage, because of the market fluctuations and due to innovative technologies in the field of production, the price may vary in either direction. Then parties to the said litigation will have to pay varied price. 4. It is true that in a suit of 1966, which was taken up to this Court as S.A. 468/ 70, it had been held that the price of are canuts prevalent in the locality where the property concerned situated alone was liable to be paid. Thereafter more than a quarter century has passed. There were new innovations in the technologies employed in agriculture. The price of are canut is controlled by co-operative societies set up by the producers. Collective effort of the producers will enable them to get better price almost equal to that in the nearby urban market. Co-operative societies are established to fetch optimum price for the producers. Therefore, the agriculturist will be getting better price for their products based on the market rate available in wholesale market or urban market It is because of that the Courts below had taken note of Exts. A4 to A8 produced by the plaintiff to determine the price. It is also noted that there are different varieties of arecanuts. 5. Apart from that during the last few years a new economic policy is followed all over the country and that has a bearing on the world market even. In such circumstances the defendants cannot again contend that only the local price alone will be considered. Improved transport facilities also enable the producers to get better price. Therefore, I am of the view that there arise no question of resjudicata or a binding decision, to fix the price payable by the defendants. Appeal fails and is dismissed There will be no order as to costs.