[Adverse Possession – Co‑owners] Possession of one co‑owner presumed to be on behalf of all; adverse possession requires open denial of title, hostile animus, and ouster to knowledge of other co‑owners. (Paras 20–23)

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APEX COURT 

[Res Judicata – Cause of Action Test] A subsequent suit is barred only if founded on the same cause of action as the earlier suit. A possession suit based on settlement deed (1962) is distinct from a partition suit based on birthright (1988). (Paras 14–19)

[Cause of Action – Definition] Cause of action means every fact necessary to prove the plaintiff’s right to relief; differs from mere evidence. (Paras 16–17)

[Partition Suit – Maintainability] Dismissal of earlier possession suit does not bar later partition claim; plaintiff entitled to seek share in family property. (Paras 18–19)

[Adverse Possession – Co‑owners] Possession of one co‑owner presumed to be on behalf of all; adverse possession requires open denial of title, hostile animus, and ouster to knowledge of other co‑owners. (Paras 20–23)

[Ouster Doctrine – Requirements] To establish ouster, defendant must prove: (i) declaration of hostile animus, (ii) long and uninterrupted exclusive possession, (iii) exercise of ownership rights openly and to knowledge of co‑owner. (Paras 21–23)

[Weakness of Ouster Defense] Ouster is a weak defense in partition suits; mere exclusive possession or enjoyment of profits by one co‑owner does not amount to adverse possession. (Paras 20–22)

[Settlement of Long‑Standing Dispute] Supreme Court, to end five decades of litigation between siblings, ordered equitable partition: appellants entitled to 35% share, respondent 65%. If partition by metes and bounds not possible, property to be sold and proceeds divided accordingly. (Para 25)