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1976 Supreme(Ker) 250

P.GOVINDAN NAIR, P.NARAYANA PILLAI, P.S.POTI
Janardhanan Pillai – Appellant
Versus
Kochunarayani Amma – Respondent


JUDGMENT

P. Subramonian Poti, J.

1. These appeals have been referred to the Full Bench because of the importance of the questions arising for decision. Certain interesting aspects of the rule of res judicata call for consideration in these appeals. The facts of the first three appeals may be stated first. They arise out of connected suits. We will deal with the facts which gave rise to S. A. No. 1253 of 1972 later.

2. Three suits, O. S. 53 of 1965, O.S. 313 of 1964 and O. S. 99 of 1965 were tried and disposed of together by the Court of the Munsiff, Attingal. O.S. 53 of 1965 was a suit for partition of 23 items of immovable properties described as items 1 to 23 in the schedule to the suit. This suit was by the members of the tarwad of one Kali Lakshmi claiming these properties as acquired in the names of some members of the tarwad for the tarwad. 12 of those items of properties had been acquired in the name of Kali Lakshmi, 8 items in the name of Kali Lakshmi and 3 of her sons, Mathevan Pillai, Parameswara Pillai and Kochuneelakanta Pillai and 3 other items in the names of Kali Lakshmi and 3 of her sons, Mathevan Pillai, Ayyappan Pillai and Kochunarayana Pillai. All these acquisitions

























































































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