AIR 1973 MADRAS 81 ::1986 MadLW 706 ::(1972) 2 MadLJ451

Madras High Court

Hon'ble Judge(s): Raghavan , J

Civil P.C. (5 of 1908) , S.11— Suit filed by son for declaration of title and possession of property would not be barred by res judicata by reasons of dismissal of a prior suit, filed by his father seeking to set aside grant of patta, as barred by limitation. AIR 1966 SC 1332, Followed. Case law discussed. (Para 12) 'A' and 'B' are father and son. 'A' files a suit, after six years of grant of patta, for setting aside grant of patta, declaration of his possession and enjoyment over the suit properties and for injunction restraining defendants from interfering with his possession. This suit was dismissed as barred by limitation. 'B' files a suit for the declaration of his title and possession of the same suit properties charged for the performance of Dharmams and for the issue of a permanent injunction restraining the defendants from interfering with his possession. The Court following the decision in AIR 1966 SC 1332 held that the suit filed by 'B' was for a different cause of action and was not barred by res judicata by reasons of dismissal of the suit filed by 'A'.(Para 12) .....