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‘A’ files a suit against ‘B’ for evicting ‘B’ from a piece of land. ‘B’ puts up the contention that no notice was given to ‘B’ for eviction and that the land being ‘²’ land, he cannot be evicted. The court dismissed the suit on the basis of the fact that notice was not given to evict. The court also concludes that the subject land is not ‘X’ land. Subsequent to this, ‘A’ gives a notice to ‘B’ asking him to evict the land and on the failure of ‘B’ to comply, institutes a suit against him. In the suit, ‘B’ seeks to contend that the land being ‘²’ land, he cannot be evicted.
Decide if the second suit by ‘a’ is barred by Res Judicata, dealing therein the contentions to be raised by ‘B’ in this suit that it is so barred? (20 Marks)
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