KUPPUSWAMI ALIAS MANNAKATTI Vs. NAGARATHINA GOUNDER

JUDGEMENT

(1.) THE unsuccessful plaintiffs/respondents in A.S.No.241 of 1981 on the file of the Principal District Judge, Pondicherry have preferred this second appeal challenging the judgment and decree passed by the said court.

(2.) THE plaintiffs have filed O.S.No.60 of 1975 on the file of the Principal District Munsif, Pondicherry for declaration of title and for recovery of possession. THE learned District Munsif decreed the suit as prayed for. Aggrieved by the said judgment and decree passed by the learned District Munsif, defendants filed A.S.No.24 of 1981 on the file of the Principal District Judge, Pondicherry and the appellate court reversed the judgment of the trial court on two major grounds, i.e., (i) Res judicata; (ii) adverse possession. Aggrieved by the judgment and decree passed by the first appellate court, the plaintiffs have filed the present second appeal.

(3.) THE respondents on the contrary have stated that one Perumal who had absolute right over the property was also a party and since the decree Ex.B-6 became final that should operate as res judicata against the appellants herein. Even if it is so, the same should operate against Perumal and the person claiming title over the property through Perumal and not against the appellants herein who have their independent right over the property in view of the gift deed executed by Irusammal marked as Ex.A-1. THErefore, the said argument cannot attract our consideration. THE decision in Ram Kristo Mandal and another v. Dhankisto Mandal Ram Kristo Mandal and another v. Dhankisto Mandal Ram Kristo Mandal and another v. Dhankisto Mandal , A.I.R. 1969 S.C. 204 is more in favour of the contentions raised by the appellants herein than the respondents. This decision also cannot be taken in favour of the respondents. THE respondents have relied on a decision in Ishwardas v. THE State of Madhya Pradesh and others Ishwardas v. THE State of Madhya Pradesh and others Ishwardas v. THE State of Madhya Pradesh and others , A.I.R. 1979 S.C. 551 wherein it was held: