RENGANAYAKI Vs. K R RENGANATHA MUDALIAR

JUDGEMENT

(1.) THIS appeal is preferred against the judgment of the Subordinate Judge, Arani rendered in O.S.No.27 of 1985 and the question raised herein is one of res judicata.

(2.) THERE were two cross suits between the same parties in the Subordinate Judge's Court, Arani. One was for recovery of possession and the other was for declaration and permanent injunction. The possession suit was filed by the respondent herein in O.S.No.27 of 1985 against the appellants herein. The declaration and permanent injunction suit was filed by the first appellant herein in O.S.No.20 of 1986 against the respondent herein.

(3.) THE first decision on which reliance is placed is Lonankutty v. Thomman and another, AIR 1976 SC 1645 and in that, the Supreme Court has held as follows: