Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Suit: |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Suit:Suit for declaration of title and permanent injunction forrestraining the defendants from entering ‘A Schedule’ property(which is 50% of ‘B Schedule’ property) – In the alternative partitionof half share in ‘B Schedule’ property was sought – ‘B Schedule’property was owned by two brothers – Partition of ‘B Schedule’property done in the year 1912 – As per partition, 50% of the ‘BSchedule’ property i.e. ‘A Schedule’ property came to the share ofpredecessors of the plaintiffs – The other 50% share went to theother brother, which was later sold in Court auction to predecessorin-interest of the defendants – Plea of defendants that theirpredecessor-in-interest had purchased the entire ‘B Schedule’property in the Court auction; and that defendants’ title was alreadydeclared in two suits filed by a temple and a school against thedefendants (wherein plaintiffs were also made party as defendants)and in the cross-suit filed by the defendants against the School –Trial Court decreed the suit and granted the alternative relief ofpartition – In appeal, order of trial court was reversed by SingleJudge of High Court – Division Bench of High Court decreed thesuit – On appeal, held: It is not disputed that partition of ‘B Schedule’property took place through a registered deed between families oftwo brothers – 50% share was inherited by plaintiffs – The 50%share of other brother was put in court auction which was purchasedby father of defendant – What could be sold in auction was only50% of ‘B Schedule’ property and not the share of plaintiffs i.e. ‘ASchedule’ property – The suits by and against the School and bythe temple did not decide the title of defendants qua the plaintiffsas the question of inter se title between them was neither in issuenor was required to be decided in those suits – Documents on recorddo not show exclusive possession of either of the parties – Plaintiffshave satisfactorily proved that they are the owners of the ‘A Schedule’property.Code of Civil Procedure, 1908:s.11 – Res judicata – Applicability of – Between codefendants– Held: For applying the principle of res judicata betweenco-defendants, there must be conflict of interest between thedefendants; it must be necessary to decide the conflict in order togive the relief to plaintiff; and the question between the defendantsmust have been finally decided – In the facts of the present case,principle of res judicata is not applicable.Evidence:Admission – Evidentiary value – Held: Admission is the bestpiece of evidence – However, admission can always be explained,unless such admission gives rise to the principle of estoppel –Estoppel.Doctrine:Doctrine of caveat emptor – Applicability of. |
Judge | Hon'ble Mr. Justice Mohan M. Shantanagoudar |
Neutral Citation | 2018 INSC 974 |
Petitioner | Govindammal (dead) By Lrs. And Ors. |
Respondent | Vaidiyanathan And Ors. |
SCR | [2018] 11 S.C.R. 1092 |
Judgement Date | 2018-10-23 |
Case Number | 5276 |
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