In Brief
K. Arumuga Velaiah sought partition and separate possession of joint family properties, claiming a one-fourth share bequeathed by his grandfather's will. The defendants argued a valid partition had occurred in 1964 and a prior judgment established this fact. The Supreme Court held that the principle of res judicata barred the fresh suit. Although the prior arbitral award was not registered, it did not require registration as it was merely a memorandum of understanding for future division, not a document creating rights in specific properties. Since no party had challenged the prior partition finding and it had attained finality, the plaintiff could not file a fresh suit seeking the same relief. The appeal was dismissed.
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