Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Government grants - Property purchased by predecessors of the appellant in auction |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Government grants - Property purchased by predecessors of the appellant in auction - Resumption notice by Union of India leading to writ petition - Case of UO/ that the land on which the property stood was the subject of old grant under which a right of resumption as also title to the land vested in the Union; and only the building was conveyed to the predecessors of the appellant - High Court holding that the parties to move to civil court for adjudication of title - Suit seeking eviction of tenant and sub-tenant by appellant - Notice by UO/ demanding rent from occupants - Inter-pleader suit by one of the tenant - Decree thero1.: that appellant entitled to receive rent in respect of the p:uperty, upheld by Supreme Court - Writ petition by appellant seeking mutation of property-bung/ow as owners - Dismissal of, holding that in terms of the order in earlier writ petition, dispute required adjudication in a civil suit - Application by the appellant seeking sanction of plan to raise construction - Rejection of, in view of the resumption order - Aggrieved, appellant filing another writ petition asserting his ownership of the property - Disposed of, holding that in the inter-pleader suit it was already decided that the property belonged to the appellant and the question of title to the property had become res judicata - Order challenged before Supreme Court - Matter remanded back to the High Cou,1 on the issue of res judicata - High Court holding that the decree in the inter-pleader suit that appellant to be entitled to receive the rent, would not operate as a res judicata so as to confer any finality to the issue of title - Parties left with the option of adjudication of title in a suit for declaration - On appeal, held: Subject matter of the two proceedings-inter-pleader suit and the appeals arising therefrom and the writ petitions filed by appellant not directly and substantially the same so as to attract the B principle of res judicata enshrined in s. 11 CPC - Having regard to the nature of the dispute and the highly contentious issue raised, and the earlier order in the writ petition, no infirmity in the impugned order, so as to warrant interference - Code of Civil Procedure, 1908 - s. 11 - Res judicata - c Cantonment Act, 1924 - ss. 181, 274. |
Judge | Honble Mr. Justice Ranjan Gogoi |
Neutral Citation | 2014 INSC 541 |
Petitioner | Purshottam Das Tandon Dead By Lrs. |
Respondent | Military Estate Officer & Ors. |
SCR | [2014] 7 S.C.R. 1085 |
Judgement Date | 2014-08-13 |
Case Number | 2147 |
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