AIR 2001 KERALA 337

Kerala High Court

Hon'ble Judge(s): S. Marimuthu , J

Civil P.C. (5 of 1908) , S.11, O.41 R.4, O.41 R.33— Res judicata - Suit for partition - Claim made by plaintiffs on basis of assignment from one of executants of verumpattam (tenancy) chit in favour of jenmies - Earlier judgment of Court that only one of executants of chit (who was not alleged assignor of plaintiffs), was tenatnt - First appeal against such decree allowed by appellate Court wherein plaintiffs were parties holding that three executants were tenants - Second appeal, against - Allowed by High Court restoring judgment of trial Court - Plaintiffs not made parties in second appeal - Verumpattam chit however, challenged by defendants successfully on basis of oral and documentary evidence - Judgement of High Court in second appeal - Shall operate as res judicate against plaintiffs. Evidence Act (1 of 1872) , S.92 Proviso(6)— Where a suit for partition was filed by the plaintiffs claiming assignment in their favour by one of the executants of verumpattam (tenancy) chit in favour of jenmies of lands, however, in an earlier suit for partition filed by one of the executants of chit, it was held that the applicant executant (who was not assignor of plaintiffs in instant case), was the only tenant and not the other two executants and that order was set aside in first appeal where the plaintiffs were parties, however, the High Court in secon....