JUDGMENT :

(Prayer: Second Appeal is filed under Section 100 of the Civil Procedure Code praying to set aside the judgment and decree made in O.S.No.83 of 1985 on the file of the District Munsif Court, Kuzhithurai, dated 26.04.1996 and confirmed by the learned Second Additional Sub Judge Camp at Kuzhithurai, dated 26.04.2001, in A.S.No.65 of 1997.)

Aggrieved over the concurrent finding of the Trial Court and the first Appellate Court, dismissing the suit filed by the appellant/plaintiff for declaration and injunction and also demarcation of plaint 'B' schedule property, the present Second Appeal has been filed.

2. While admitting the Second Appeal, the following substantial questions of law were framed for consideration:

"(i) Whether a judgment in a prior suit for redemption of mortgage can be held binding on the plaintiff in a subsequent title suit?

(ii) Whether in a suit for redemption of mortgage a binding decree as to title can be given? and

(iii) Whether the recitals and property specifications schedule mentioned in a partition deed is not binding on the parties thereto persons claiming under or through them?"

3. The brief facts leading to the filing of the suit are as follows:

The su