S ASEERVATHAM NADAR Vs. SATHIADAS

JUDGEMENT

(1.) THE Second Appeal has been preferred by the plaintiff.

(2.) THE plaintiff filed suit for partition of l/3rd share in both A and B schedule properties. The defence was that he is entitled to a share in the B. Schedule property and the said share is i.e. 72 cents south of CF line marked in Ex.B6 plan.

(3.) THE only contention raised by the counsel for the appellant is that the decision in a demarcation suit has no binding for and the principle of res judicata is not applicable to the said decision. But the learned counsel for the respondent cited a decision reported in E. Achuthan Nair vs. P. Narayanan nair and another, 1987 (4) SCC 71 and contended that the decision in a demarcation suit is binding on the parties and it will also operate as a res judicata between the parties.