The doctrine of res judicata bars re-litigation of previously decided issues between parties in separate suits based on the same subject matter.

JUDGMENT :

TARA VITASTA GANJU, J.

1. The present appeal has been filed seeking to challenge an order dated 12.03.2018 in O.S.No.42/2017 passed by the Principal Senior Civil Judge at Davanagere [“Impugned Order”]. By the Impugned Order, the suit filed by the appellant/plaintiff praying for declaration and possession of the suit schedule properties was dismissed on a preliminary issue.

2. The brief facts are that a suit was filed by the appellant/plaintiff seeking a declaration that the appellant/plaintiff is the owner of the suit schedule properties and for the consequential relief of possession as well as for mesne profits in respect thereof.

2.1. The suit schedule properties as described in the plaint are set out below:

“SCHEDULE-B

ITEM No.1

Agricultural land bearing Re.Sy.No. 64/1 measuring8 acres 7 guntas including kharab of 6 guntas, assessed at Rs. 6.22 paisa of Mittalakatte village in Harihar Taluk which is bounded as follows:

East : Land of Vageeshalah and Road;

West : Lands of Kambinur Jayanna and Parasappa;

North : Land of Sathyanarayanappa;

South : Land of M.G. Vamadevappa.

SCHEDULE-B

ITEM No.2

Agricultural land bearing Re.Sy.No. 94/4 measuring 2 acres 3 guntas Including kharab of 3 guntas, assessed at Rs. 1.38 paisa and Re.Sy.No. 94/5 measuring 21 guntas including kharab of 1 gunta assessed at Rs. 0.34 paisa of Salakatte village in Harihar Taluk which is bounded as follows:

East : Road;

West : Land of Ballari Thippanna;

North: Land of Smt. Indramma W/o Ballari Hanumanthappa;

South: Land of Hallura Gowdru.”

SCHEDULE-C

House property bearing old door No. 437/1, current municipal door No. 437/1, 2 and 3 constructed on the site measuring 45 feet + 33 feet /2 X 44 feet +38 eet/2 (45+33)/2 x (44+38)/2 feet situated in 2nd Main, 2nd Cross, 5th Wird, 7th Division, K.B. Extension, Davanagere city which is bounded as follows:

East : House of Jayadev Hiremath;

West : House of Kariganur Bhogendrappa;

North : Road

South : Conservancy;

SCHEDULE-D

House property bearing old door No. 561/38, current municipal door No. 561/38 (1), (2), (3) and (4) constructed on the site measuring 30 feet X 17 Vs feet + 20 feet /2 (30 x 17.6+20)/2 feet situated in, 4th Cross, K.T. Jambanna Compound, K.B. Extension, Davanagere city which is bounded as follows:

East : House of Subhadramma;

West : Road;

North : Conservancy:

South : House of Mahadevamma in occupation of Raju, Shobha and Shanmukha.”

2.2. It is the case of the appellant/plaintiff that plaintiff is the owner of the suit schedule properties by virtue of a Will dated 15.12.1999 executed by one Mahadevamma and that respondents/defendants do not have any title to the suit schedule properties.

2.3. The suit was contested by the defendant Nos.2 and 3 stating that there was a previous suit filed by these defendants being O.S.No.147/2014 [hereinafter called the “Earlier Suit”] in which, the learned Trial Court had decided the suit giving the findings in respect of another Will dated 30.05.2000 executed by the said Mahadevamma. Thus, it was contended that since the appellant/plaintiff did not challenge the findings of the learned Trial Court in the Earlier Suit despite having knowledge of that suit, the findings in the Earlier Suit have attained finality and cannot be challenged in the present suit.

2.4. On examination of the pleadings, the learned Trial Court framed the following issues:

ISSUES

1. Whether the plaintiff proves that he is the absolute owner of the suit schedule properties by virtue of register Will dt: 15 02-1999?

2. Whether the plaintiff proves that after the death of Honnappa. Mahadevamma got the khata of the agricultural lands situated in Harihar Taluk mutated not only to her name but also t