SIVASUBIRAMANIYAMPILLAI Vs. JOTHIMANI

JUDGEMENT

(1.) The first defendant in O.S.No.148 of 2003 on the file of the District Munsif Court, Tiruchirappalli, is the appellant before this Court. The first respondent in the second appeal, as the plaintiff has filed the suit in O.S.No.148 of 2003 for declaration that the judgment and decree in O.S.No.170 of 1998 on the file of the District Munsif Court, Musiri, is not binding on her with regard to her right over the title in respect of the suit property and for consequential permanent injunction restraining the defendant from executing the decree in O.S.No.170 of 1998 or taking possession from the enjoyment of the plaintiff's aunt, namely, one Palaniammal and for other reliefs.

(2.) The case of the first respondent/plaintiff in the suit as per the plaint is as follows:

(3.) In the second appeal, the learned Counsel appearing for the appellant strenuously argued that the issue regarding title or the status of the second defendant as second wife of the plaintiff's father was not raised or framed in the earlier suit and that the findings in the said suit in O.S.No.170 of 1998 will not operate as res judicata. The learned Counsel for the appellant also raised the same questions of law found in the memorandum of grounds and argued the appeal on other issues.