ARUNACHALA MUDALI Vs. GOVINDARAJA MUDALI

JUDGEMENT

(1.) In our opinion the matter in dispute cannot be held to be res judicata for the simple reason that the parties to Original Suit No. 61 of 1899 on the file of the Court of the District Munsif of Chingleput are not the parties to the present suit, or parties under whom the latter claim. The plaintiff, no doubt, is the same in each; but in Original Suit No. 61 of 1899, the defendants were the Union Chairman and the Taluq Board President, contending that the disputed land was public street, while in the present suit the defendants are private persons, claiming the said land as their private property. It may be added that the latter suit was simply brought for the cancellation of the Chairman s order forbidding the erection of the plaintiff s warp. It failed on the ground of limitation. This does not prevent the plaintiff from suing to establish his title to the land as against private parties and procuring the removal of the koradus.

(2.) The second appeal must be allowed and the suit remanded to the original Court for disposal on its merits.

(3.) Costs throughout will abide the result.