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1982 Supreme(AP) 204

A.SEETHARAM REDDY
Varupanda Seetharama Swamy – Appellant
Versus
Allam Ugra Narasimha Murthy – Respondent


A. SEETARAM REDDY, J.

( 1 ) THE substantial questions of law which arise for determination in this second appeal are : (1) Whether the judgment in an earlier suit field for permanent injunction wherein the plea of family arrangement and consequential partition of the properties thereof was rejected, would constitute res judicata in a later suit, also field for injunction, even though the final judgment in Second Appeal arising out of the earlier suit, reserved a right in favour of the plaintiff for establishing his rights and claims by filing a regular suit? (2) Whether the lessee is a privy to the lessor and the judgment against the lessor in an earlier suit filed by him for an injunction would bind the lessee in a later suit to which the lessor is not a party within the meaning of S. 11 of the Civil P. C. ?

( 2 ) BEFORE answering the relevant format of the case may briefly be set out; Defendants 1 to 3 are the appellants herein. The sole plaintiff is the respondent. The plaintiff, Allam Ugra Narasimhamurthy, filed the suit alleging that his brother-in-law, V. Appala Suryanarayana, is the son of the late Butchaiah by his first wife, that the defendants 1 to 3 and one V. Maheswararao
























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