SUBBA NAICKER Vs. RANGASWAMY NAICKER

JUDGEMENT

(1.) 1. The defendant on the file of the District Munsif Court, Palani who had succeeded before the trial court and lost before the first appellate court is the appellant in this second appeal. This second appeal is directed against the judgment and decree of the Sub Court, Dindigul made in A.S.No.9 of 1986, dated 23.1.1987 in modifying the decree of the trial court and allowing the first appeal in part.

(2.) AT the time of admission the following substantial questions of law were framed by this Court:

(3.) AFTER contest the trial court held that the dismissal of earlier suit O.S.No.538 of 1973 will not constitute res judicata as it is not a disposal on merits and granted a declaration in respect of the land comprised in Survey No.582 as well as for permanent injunction while rejecting the other reliefs prayed for in the suit.