THIRUNAVUKKARASU MUDALIAR Vs. BHANAM AMMAL

JUDGEMENT

(1.) THE above Second Appeal has been filed by the plaintiff in O.S. No. 509 of 1977, on the file of the District Munsif, Kulithalai, against the Judgment and decree of the first appellate Court (Sub Court, Karur), in A.S. No. 54 of 1981.

(2.) THE first defendant in O.S. No. 509 of 1977 has also filed O.S. No. 433 of 1978, making counter-claims. Both the suits have been tried together by the learned trial judge and by judgment and decree dated 30.1.1981, the suit O.S. N0. 509 of 1977, filed by the appellant, came to be decreed and O.S. No. 433 of 1978 filed by the first defendant in the said suit came to be dismissed.

(3.) WHEN the matter was heard, the learned counsel for the respondents raised a preliminary objection regarding the maintainability of the suit on the principles of res judicata, relying upon the decision reported in A.I.R. 1993 S.C. 1202 ( Premier Tyres Limited v. Kerala State Road Transport Corporation ). The Apex Court, in the decision relied upon for the respondents, held as follows: