K. RAJESWARI Vs. K. MURALI

JUDGEMENT

(1.) Second Appeal is filed against the judgment and decree dated 26.10.2017 made in A.S. No. 27 of 2016 on the file of the II Additional Sub Court, Cuddalore, confirming the judgment and decree dated 15.03.2016 made in O.S. No. 460 of 2009 on the file of the Principal District Munsif Court, Cuddalore.

(2.) The appellant is plaintiff and the respondent is defendant in O.S. No. 460 of 2009 on the file of the Principal District Munsif Court, Cuddalore. The appellant is challenging the concurrent findings of the Courts below. The appellant filed the said suit for declaration of title to the suit 'B' schedule property and for recovery of possession. According to the appellant, originally 'A' schedule property and other properties belonged to one Muthiya Mudaliyar and one Sambandam Mudaliyar. The Muthiya Mudaliyar died intestate, leaving his two sons viz., Annamalai and Anandan as his legal heirs. After death of the said Muthiya Mudaliyar, his two sons Annamalai and Anandan, Sambandam Mudaliyar and his son Guru Nathan partitioned the properties by registered partition deed dated 17.08.1986. In the said partition, Sambandam Mudaliyar and his son Guru Nathan were allotted 4 acres and 40 cents in the 'A' schedule properties in the Survey Nos.16/1-6.06, 16/2-0.60, 17/1-2.64 and 18/1-3.48, out of 12 acres and 78 cents. The appellant purchased the said property by the deed of sale dated 03.11.1994 for valuable consideration from Sambandam Mudaliyar and his son Guru Nathan. From the date of purchase, the appellant is in possession and enjoyment of the 'A' schedule property and she is cultivating and paying kist to the revenue authority. 2(a). The respondent purchased the adjacent property in Survey No. 6/2 from Annamalai and Anandan, sons of Muthiya Mudaliyar on 19.06.2003 without ascertaining the measurements in the field. From the date of purchase, the respondent created problem with possession of the 'A' schedule property. The appellant applied for resurvey on 20.09.2005 for which resurvey was done on 03.10.2005 and boundaries and measurements of 'A' schedule property was ratified by the Surveyor and the same was acknowledged by the Tahsildar by the letter dated 16.11.2005.

(3.) The respondent filed written statement and additional written statement on 15.03.2010 and 25.02.2011 respectively. The suit in O.S. No. 554 of 2005 filed by the respondent was decreed, declaring the title of the respondent to the suit property i.e., for 7 acres and 85 cents and granted permanent injunction. The appellant did file any Appeal challenging the same and hence the said judgment has become final. The present suit is hit by Principles of res judicata as per section 11 of CPC. The issues and parties involved in both the suits are one and the same. The respondent also denied that the appellant purchased 4 acres and 40 cents and she is in possession and enjoyment of the suit property and she is also cultivating the property.