Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1908: Suit for eviction filed before the Mamlatdar 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: Suit for eviction filed before the Mamlatdar on the ground that defendant no. 2 was in illegal occupation of the house owned by plaintiffs- respondent no. 1 and 2 - Said suit dismissed for default - Fresh suit filed by respondent no. 1 and 2 for declaration that they are owners of the house - Decreed - Execution proceedings - Heirs of judgment debtor objected to the ex~cution proceedings - Executing court rejected execution application holding that trial court had no jurisdiction to try the suit - High Court set aside the said order and also rejected the argument that the .suit was barred by res judicata as the case filed before the Mamlatdar by respondent no. 1 and 2 was dismissed - Held: High Court duly took note of the fact that no plea with regard to the jurisdiction of the civil court was taken by defendant No. 1 in the written statement - On the contrary, it was the specific case of defendant No. 1 that the said house was not a mundkarial house and was not the plaintiffs' property - High Court duly noticed that the trial court while deciding the issues framed, duly considered the facts which were incidental thereto - High Court held that the issues tried by trial court cannot be said to be within the jurisdiction of the authorities under the Mundkar Act - High Court further held that the /is was with regard to the ownership of the suit house since defendant No. 1 could not pursue her claim for ownership of any mundkarial rights - In these circumstances, High Court correctly held that the trial court had jurisdiction to entertain the suit - There was no question of application of the principle of res judicata in the given facts - Trial court passed the said decree rightly and it cannot be said to be lacking inherent jurisdiction to do so - Res judicata. |
Judge | Hon'ble Mr. Justice Pinaki Chandra Ghose |
Neutral Citation | 2014 INSC 202 |
Petitioner | Jacinta De Silva |
Respondent | Rosarinho Costa & Ors. |
SCR | [2014] 4 S.C.R. 105 |
Judgement Date | 2014-03-25 |
Case Number | 4002 |
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