Nagabhushanammal (D) by Lrs. vs C. Chandikeswaralingam - Supreme Court

 Nagabhushanammal (D) by Lrs. vs C. Chandikeswaralingam - Supreme Court Important Judgment 2016 - 

 On 26th February, 2016, in the case of Nagabhushanammal (D) by Lrs. vs C. Chandikeswaralingam [Civil Appeal No.1858-59 of 2016], it was held that an earlier suit for possession and injunction based on a settlement deed executed by the husband of the plaintiff did not act as Res Judicata to the subsequent suit of plaintiff for partition. The Bench held that “the suit filed by the plaintiff in 1962, based on the settlement deed executed by her husband in her favour and the sufferance of the dismissal of the suit, will not, in any way, be a bar for making a claim for her share, if any, of the family property, if otherwise permissible under law. As succinctly addressed by the first appellate court, the 1962 suit for the entire property was based on a settlement deed and it was a suit for possession. Whereas, the 1988 suit for partition was for plaintiff’s one-half share in the property based on her birth right. Cause of action is entirely different.”

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