KADAPURATH ILLAM KHALID Vs. B P SULEKHA

JUDGEMENT

(1.) We are seized of the appeal, having been referred to us by a Division Bench.

(2.) The short question arising for consideration is whether Ext. B20 judgment dated 22-3-1971 operates as res judicata, debarring the appellant from maintaining the suit, O.S. No. 6 of 1975 in the court of the Subordinate Judge, Lakshadweep, Kavarathi from which the above appeal arises. The suit is by the Karanavan of Kadapurath Illom Tharwad (for short the tharwad) on his behalf and on behalf of tharwad for recovery of possession of plaint A schedule property with mesne profits past and future, and for a permanent injunction restraining defendants 1 to 10 from tress passing upon plaint-B schedule property and plucking the coconuts from the trees standing thereon or alternatively, if it is found that the B schedule property in its entirety or any portion thereof is in the possession of defendants 1 to 10, to have the same recovered with mesne profits.

(3.) A resume of facts relevant lies in a narrow compass. The plaintiff's tharwad, it is alleged, is the reversionary heir of Palamkakkada tharwad of which the father of defendants 1 to 5 was the sole surviving member. The tharwad rests the above claim on Attaladakam right, a customary right said to be enjoyed by the tharwad.