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2000 Supreme(Mad) 1272

C.NAGAPPAN
Renganayaki – Appellant
Versus
K. R. Renganatha Mudaliar – Respondent


Advocates Appeared:
Mr. M. Muthappan, Advocate for Appellants.
Mr. M.N. Padmanabhan, Senior Counsel for Mr. M.N. Muthukumaran, for Respondents.

Judgment :

1. This appeal is preferred against the judgment of the Subordinate Judge, Arani rendered in O.S.No.27 of 1985 and the question raised herein is one of res judicata.

2. There were two cross suits between the same parties in the Subordinate Judge's Court, Arani. One was for recovery of possession and the other was for declaration and permanent injunction. The possession suit was filed by the respondent herein in O.S.No.27 of 1985 against the appellants herein. The declaration and permanent injunction suit was filed by the first appellant herein in O.S.No.20 of 1986 against the respondent herein.

3. The subject matter of both the suits was a storeyed house and adjoining vacant site. The respondent herein, in his suit, claimed ownership of the suit property by virtue of sale deed dated 19.5.1983 alleged to have been executed by the appellants herein and sought for recovery of possession from them. The first appellant herein, in her suit, asked for a decree declaring the sale deed dated 19.5.1983 as void and inoperative and for permanent injunction restraining the respondent herein from interfering with their possession of the suit property.

4. Both the suits were tried tog












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