V.S.P.SIVAN Vs. BALASHANMUGAM

JUDGEMENT

(1.) Aggrieved over the order of the Additional District Judge, who rejected the suit filed by the appellants on the ground that the entire issue related to the property was already decided and reached the finality in a suit in O.S.No.321 of 1982, the present Appeal Suit is filed.

(2.) For the sake of convenience, the parties are referred to herein, as per their rank before the Trial Court.

(3.) The brief facts, leading to the filing of this Appeal Suit, are as follows:- The appellants being the plaintiffs before the trial Court filed a suit for declaration that the plaintiffs are the owners of the property and also for permanent injunction restraining the defendants, besides the decree and judgment in O.S.No.321 of 1982 dated 29.01.1991 is null and void and for other reliefs. The suit has been laid on the ground that the earlier suit in O.S.No.184 of 1977 was decided long back and as per the above judgment, the plaintiffs' ancestors have become the absolute owner of the property. Hence, it is the contention that the suit is O.S.No.321 of 1982 has been filed by the first defendant and his father without considering the earlier judgment passed in O.S.No.184 of 1977. Therefore, the present suit is filed for the relief as referred above.