Proper examination of rejection of claim and decision as res-judicata is essential for a fair decision.

JUDGMENT :

(Prayer : The Second Appeal filed under Section 100 of the Code of Civil Procedure, against the Judgment and Decree made in A.S.No.113 of 1998, dated 24.08.2000, on the file of the Additional District Court, Villupuram confirming the Judgment and decree made in O.S.No.44 of 1996, dated 31.03.1998 on thE file of the District Munsif Court at Villupuram.)

1. The plaintiffs in O.S.No.44 of 1996 on the file of the District Munsif Court at Villupuram, having suffered a decree by Judgment dated 31.03.1998 and a subsequent adverse Judgment in First Appeal in A.S.No.113 of 1998, dated 24.08.2000 passed by the Additional District Court at Villupuram, are the appellants herein.

2. O.S.No.44 of 1996 had been filed by the plaintiffs viz., Ramasamy Gounder, Velayutham and Sakunthala against the defendants viz., Saminatha Gounder, Subramanian and Renganathan seeking declaration of title with respect to the property described as OTHER LANGUAGE in the Schedule of the suit property and also seeking possession/protection of possession of the suit property.

3. In the Schedule to the property, there are about 11 items of vacant land given in Schedule OTHER LANGUAGE, which the plaintiffs claimed to have fallen their share in which, they claimed right, title and interest. There are also 10 items of vacant land, which had been given in Schedule OTHER LANGUAGE, which the plaintiffs have claimed have fallen the share of the defendants, in which, the defendants claimed right, title and interest.

4. There is also a Schedule OTHER LANGUAGE given to the Schedule of the plaint, which property is the subject matter of the contention in the lis and which property is actually part of the items mentioned in Schedule OTHER LANGUAGE, but which the plaintiffs claimed the defendants have encroached upon and therefore, they have sought declaration of title over the said properties/lands and also injunction to protect possession/recovery of possession.

5. The genealogy or relationship among the parties had been given as Schedule OTHER LANGUAGE in the plaint. A perusal of the same, and I hope there is not much controversy over the said genealogy since it had been drawn up when the plaint was instituted in the year 1996, shows that the properties originally belonged to one Veera Gounder. He apparently had four sons viz., Angappan, Srirraman, Chinnatambi and Narayanan. The litigating parties in the suit are those who claim right, title and interest under the second son Sriraman, third son Chinnatambi and the fourth son Narayanan.

6. It had been stated that the branch of the first son, Angappan were not entitled for the share in the properties, the reasons for which, will be discussed later. Similarly, it was claimed that the branch of Chinnatambi, the third brother were also not entitled or do not have a subsisting right as on the date of the filing of the suit over the properties mentioned in the Schedule to the plaint.

7. The plaint proceeds on the basis that the defendants who are from the branch of Narayanan and the plaintiffs, who are from the branch of Sriraman, are only entitled to an undivided one half share and such half share had been determined and allotted between themselves and described and given in Schedule OTHER LANGUAGE and OTHER LANGUAGE. Claiming that, in spite of such allotment, the defendants have encroached into OTHER LANGUAGE Schedule property which actually forms part of the 'M' Schedule properties, the suit had been laid.

8. The defendants filed a written statement wherein they denied the claim of the plaintiffs. They denied that Angappan did not have any male issues and they also stated that Angappan, more importantly, had a widow and thereafter, some properties were allotted to him. It was further claimed that even during the life time of Angappan, being the first son, the properties had been divided into four shares and thereafter, after the death of Angappan, his minor son Srinivasan, represented by his guardian and mother, sold specific i