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1971 Supreme(Mad) 234

SADASIVAM, V.RAMASWAMI
Arulanandam Vethakannu Nadar – Appellant
Versus
Bhagavathi Pillai Thankachi – Respondent


Advocates:
R. Gopalaswami Iyengar and K.N. Balasubramanian, for Appellants; P. Ananthakrishna Nair and P. Mammen Philip, for Respondents.

Judgement

SADASIVAM, J.:- Appellants in App. No.684 of 1963 are defendants 40 to 45 in O.S.64 of 1954 on the file of the Subordinate Judge's Court, Padmanabhapuram. Appellant in App. No.693 of 1963 is the 24th defendant in the same suit. These appeals have been preferred against the final decree and order in I.A. 135 of 1963 in O.S. No.64 of 1954, on the file of the Subordinate Judge's Court, Padmanabhapuram.

2. The only contention urged by the appellants in App. No.684 of 1963 is that the suit is barred by res judicata in respect of the claim made against them. The plaintiff's in O.S.64 of 1954, on the file of the lower court, filed the suit for declaration of their title to the suit properties and for recovery of possession of the same after setting aside certain alienations. The appellants in App. No.684 of 1963 on the file of the lower court are interested only in plaint Items 53 to 57. These items of properties belonged to one Chemmanthitta Tarwad and the members of that tarwad mortgaged these properties to the father of the 40th defendant under the original of Ex.XVII dated 29-9-1059, M.E. The father of the 41st defendant and the father of the defendants 42 to 45 were the broth
















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