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february 2016

Supreme Court of India · 2016-02-26

Nagabhushanammal (D) vs C.Chandikeswaralingam

Citation / case number
AIR 2016 SUPREME COURT 1134
Court
Supreme Court of India
Petitioner
Nagabhushanammal (D)
Respondent
C.Chandikeswaralingam
Bench
Kurian Joseph, Rohinton Fali Nariman

Judgment text excerpt

The Supreme Court addressed the principles of res judicata, partition, ouster, and adverse possession in a partition suit concerning property inherited from Veerammal. The Court held that the earlier dismissal of O.S. No. 404 of 1962 did not bar the current suit under Section 11 of The Code of Civil Procedure, 1908, as the issues were distinct. The Court reversed the lower appellate court's decision, affirming the plaintiff's entitlement to a half share in the property, thereby establishing that prior judgments do not preclude subsequent claims if the issues differ significantly.

Nagabhushanammal (D) vs C.Chandikeswaralingam · Niyam