In Brief
Two branches of a family inherited equal shares of property following a 1912 partition. One branch's share (Chokalingam's) was sold at court auction in 1933 to the defendant's father. The plaintiffs, successors of the other branch (Narayanaswamy Mudaliar), sued to recover their 50% share (designated 'A Schedule'). The defendant claimed the entire property was sold at auction and relied on res judicata from earlier litigation. The Supreme Court held that res judicata does not apply between co-defendants when inter se title disputes were not in issue in prior suits. A court auction purchaser acquires only the judgment debtor's share, not property belonging to others. The plaintiffs, having proven their inherited 50% share, were entitled to recover it.
The lawyer headnote and full judgment text are available to registered users.