CHENRAYA GOUNDAN Vs. ATHAPPA GOUNDAN

JUDGEMENT

(1.) This suit was brought by the four plaintiffs for the recovery of certain land alleged to belong to the Manamman Temple of Chettipatti under Order 1, Rule 8, of the Code of the Civil Procedure and for a declaration that the decree in O.S. No. 934 of 1911 is not binding on the plaintiffs. The District Munsiff found that the plaint property belonged to the Temple, that the Temple had possession of the plaint property within twelve years of the suit, and that there was no res judicata by reason of O.S. No. 934 of 1911, and gave the plaintiffs a decree.

(2.) On appeal the Subordinate Judge found that there was res judicata and that a certain compromise (to be referred to later) was not fraudulent or ultra vires and reversed the Munsif's decree. The question in second appeal is whether the Subordinate Judge was right on both these points.

(3.) In the previous suit, which was brought by the present dafendants 1 to 3 and two others, they sued as the Periadhanakars of the Chettipatti village to recover the same land as in the present case. The former suit was compromised by two of the plaintiffs and the suit was dismissed as against two others.