OUSEPH Vs. JOSE

JUDGEMENT

(1.) The defendants are the appellants.

(2.) The suit was one for recovery of possession of the plaint schedule property. The Trial Court dismissed the suit. In appeal the Appellate Court held that the finding of the Land Tribunal in OA 1586/76, that the appellants are not tenants and hence they are not entitled to claim fixity of tenure, would operate as res judicata against the appellants and consequently the decree of the Trial Court was set aside. The Appellate Court accordingly decreed the suit.

(3.) The Second Appeal is directed against the judgment and decree of the lower appellate court. The questions formulated by this court read:-