Nujumudeen vs Sadanandan on 5 July, 2007
5. One of the cardinal tests is as to whether this prayer
for declaration of easement was available to the plaintiff to be
urged in O.S No.282/1996. Further question is when did the
cause of action to file O.S.No.162/2009 arise and is it after the
disposal of O.S.No.282/1996?. The plaintiff relies on the
judgment in Anathula Sudhakar Vs. P.Buchi Reddy (AIR
2008 S.C 2033) whereas the defendants rely on Dadu Dayalu
Mahasabha, Jaipur (Trust) Vs. Mahant Ram Niwas and
another (AIR 2008 S.C 2187). Several other decisions are also
placed before me to buttress the contentions of either parties.