Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1908: Or.XII r. 6 - Suit for recovery of possession Code of Civil Procedure |
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: Or.XI/ r.6 - Suit for recovery of possession and for damages against appellant who was respondent-plaintiffs son alleging that suit property was purchased by plaintiff from her own funds and she was absolute owner — Appeilant-defendant opposed the suit contending that the suit property was a HUF property having been purchased in the name of the respondent using the funds of his grandfather, father and himself ~ Respondent filed application u/Or.Xil r.6 stating that a suit for partition filed by appellant earlier on the same ground that suit property was HUF was dismissed and same amounted to unequivocal admission by the appellant that the respondent was entitled to possession — Trial court dismissed’ the application — High Court heid that the suit for partition having been dismissed, the same will operate as res judicata and decreed the suit -— Held: High Court was correct in decreeing the suit so far as recovery of possession was concerned in view of question of ownership having been already decided in earlier suit — The second question with regard to recovery of Rs. 5,55,000/- and future damages admittedly was not decided either in the earlier suit or in this suit — In that view of the matter, decreeing the entire suit on the basis of ownership of the respondent already decided in the earlier suit, the decree for recovery of damages ought not to have been passed by the High Court ~- However, while admitting the SLP the court had directed appellant to deposit Rs.5 lacs and notice was issued only confining to the question as to whether the decree passed u/ |
Judge | Hon'ble Mr. Justice M.Y. Eqbal |
Neutral Citation | 2015 INSC 111 |
Petitioner | Raveesh Chand Jain |
Respondent | Raj Rani Jain |
SCR | [2015] 1 S.C.R. 1096 |
Judgement Date | 2015-02-12 |
Case Number | 1822 |
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