ARUMUGHA NAINAR Vs. LAKSHMANA PERUMAL DIED

JUDGEMENT

(1.) This second appeal has to be disposed of on a very short ground. The appellant filed O.S. No. 94 of 1976 against one Lakshmana Perumal for declaration of his title and recovery of possession of the suit property. The defendant, Lakshmana Perumal, filed a suit O.S. No. 111 of 1976 for declaration of his title and injunction restraining the appellant from interfering with his possession. Both the suits were tried together. The trial Court by its judgment dated 12/09/1979 upheld the title of the appellant and negatived the claim of the defendant Lakshmana Perumal. He held categorically the appellant had title to the suit property.

(2.) The aggrieved defendant Lakshmana Perumal filed only one Appeal A.S. No. 161 of 1979 on the file of the Additional Subordinate Judge, Tuticorin against O.S. No. 94 of 1976. He did not file any appeal against O.S. No. 111 of 1976. Thus, the decree and judgment in O.S. No. 111 of 1976 became final.

(3.) The appellate Court rejected the contention raised by the appellant herein that the appeal was barred by res judicata. According to the appellate Court, as the judgment was a common one, it did not reach finality, with the result the appellate Court went into the question of title and found in favour of Lakshmana Perumal holding against the appellant herein. The aggrieved appellant had preferred this second appeal. Lakshmana Perumal died during the pendency of the appeal and his legal representatives have come on record as respondents 2 to 6.