POOVANIGOWDA Vs. VASANTHA

JUDGEMENT

(1.) - This Second Appeal is directed against the judgment of the lower appellate court in R.A. 18/1987 on the file of the Civil Judge at Puttur. Lower appellate court, by the said judgment and decree, reversed the finding of the trial-court in O.S. No. 236 of 1978 on the file of the Principal Munsiff at Puttur.

(2.) Bare facts necessary for disposing of this Second Appeal that are required to be stated are as follows :- Plaintiffs filed a suit for declaration of their right, title and interest in the suit schedule properties on 2-12-1978. Having failed to secure a permanent injunction restraining the defendants from interfering with their peaceful possession of the suit schedule properties in earlier suit filed in the same Court on the ground that they had not proved their possession on date of suit to obtain the permanent injunction for which they had prayed, for. In the second suit, they pleaded the manner in which they had acquired title and why they wanted declaration of title in having been found to have lost possession on account of the judgment of the Court in the earlier suit. Consequently, prayer for possession was added.

(3.) Defendants resisted the suit inter alia on the ground that the suit was barred by res judicata in as much as in the earlier suit, the first issue decided was whether the plaintiffs were the owners or not and that had been held against the plaintiffs; that the defendants had perfected their title by adverse possession of property for over 50 years, hostile and adverse to the plaintiffs. Therefore, suit was barred by limitation.