JAYANTA KUMAR BISWAS,J. - (1.) SHANTA , the sole defendant in an OS No.14 of 1998 dismissed on contest by the Civil Judge (Senior Division), South Andaman District at Port Blair, was the appellant in this SAT. He died during pendency of the SAT and his heirs were substituted for him pursuant to an order dated September 19, 2011.
(2.) THE SAT is against a decree of the Additional District Judge, A and N Islands, Port Blair. The decree was passed in an OA No.3 of 2010 filed by Gurudwara and Hargovind, the respondents in the SAT, who had filed the OS praying, inter alia, for a decree for Shanta 's eviction from the suit property. The Additional District Judge reversed the decision of the Civil Judge (Senior Division) and passed the decree granting the reliefs sought in the OS. The second issue framed in the OS was the following: - " 2. Is the suit barred by the principles of res judicata in view of decree passed by the Court of Sub Judge, South Andaman, Port Blair in O.S.1 of 1994 brought by the plaintiff against the defendant over the same subject matter? "
(3.) THE Civil Judge (Senior Division) dismissing the OS answered the second issue saying as follows: - "In this present suit the parties are same, issues are same which has already been decided by competent court of law. So, this suit is obviously barred by the Principle of Res judicata. So, this issue is decided in favour of the defendant. " ;