RANGARAJA NATTAR Vs. SUBRAMANIA CHETTIYAR

JUDGEMENT

(1.) THE above second appeal has been filed against the judgment and decree of the learned Subordinate Judge, Thanjavur in A. S. No. 85 of 1993, confirming the judgment and decree of the learned District Munsif, thiruvaiyaru in O. S. No. 117 of 1990.

(2.) THE suit was filed by the appellant for declaration of title and for recovery of possession. THE claim was contested by the defendant/ respondents. After trial, the learned District Munsif, Thiruvaiyaru, on a careful consideration of the oral and documentary evidence, came to the conclusion that the suit is hit by the principles of res judicata and that even on the merits of the claim the plaintiff has not produced sufficient evidence or material to substantiate his rights or title. On that view, the trial court dismissed the suit by its judgment and decree dated 29. 4. 1992. Aggrieved, the plaintiff filed an appeal in A. S. No. 85 of 1993 before the learned Subordinate judge, Thanjavur. THE lower appellate court also concurred with the findings recorded by the trial court both on the merits of the claim as also on the question of res judicata.