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.