Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | earlier suit substantially involved decision on ownership Section 11 Res judicata CPC |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Code of Civil Procedure, 1908-Section 11, Explanation IV-Res judicata-Husband of respondent no. 1, in a panchayat settlement, agreed to relinquish his right of ownership in suit property in favour of respondent no. 1-But did not execute any registered document to that effect-Instead executed a mortgage, and alongwith the mortgagee filed a joint suit for permanent injunction against Respondent no. 1-Respondent 1 in defence claimed possession in terms of the panchayat settlement-The suit was dismissed-The judgement attained finality-Appellant subsequently purchased suit property from husband of respondent 1 and on that basis, instituted suit for declaration of title and possession against respondent no. 1-Bar of res judicata-Applicability of-Held: The earlier suit substantially involved decision or ownership by husband of respondent 1-Though he himself did not have a registered title at that time, yet as against respondent no. 1 had a better title-He ought to have raised such plea but did not-Appellant being purchaser from husband of respondent 1, was litigating under the same title which the latter had-Hence was estopped from challenging title of respondent 1 in the subsequent suit filed by him, which was therefore barred by constructive res judicata. A settlement was reached in the village panchayat, whereby husband of respondent no. 1 agreed to relinquish his right of ownership in the suit house in favour of respondent no. 1. But he did not execute any formal written and registered document to that effect. Instead, he subsequently executed a registered deed of mortgage, and alongwith the mortgagee jointly filed a civil suit for permanent injunction against Respondent no. 1. The suit was dismissed. That judgement was not appealed against, hence, it attained finality. On the date of the suit, there was no formal document of conveyance of the suit house executed in favour of husband of respondent 1. There existed on that date merely a right he had inherited in the house allotted to his late mother. He became owner of the suit house only subsequently when a formal conveyance deed was executed in his favour by the co-operative housing society. Thereafter, he sold the suit house by a registered sale deed in favour of the appellant. On basis of the purchase, appellant instituted a civil suit seeking declaration of his title and possession from respondent no.1 and her children. The question which arose for consideration in the present appeals is as to whether the subsequent suit filed by the appellant is barred by constructive res judicata. |
Judge | Hon'ble Mr. Justice D.M. Dharmadhikari |
Neutral Citation | 2005 INSC 290 |
Petitioner | Aanaimuthu Thevar (dead) By Lrs. |
Respondent | Alagammal And Ors. |
SCR | [2005] Supp. (1) S.C.R. 549 |
Judgement Date | 2005-07-12 |
Case Number | 2592 |
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