R. C. Lahoti C. J. ; *C. K. Thakker; P. K. Balasubramanyan, JJ.
CaseNo | C. A. No. 6597 of 2005 |
Date | 27/10/2005 |
Citation | 2005 (13) SCC 1 |
Civil Procedure Code, 1908 – S.11 – Court recording clear finding as to
ownership right of H, predecessor in interest of appellant plaintiff, and that
respondent defendant B, was neither owner of suit property nor could he
show any right of occupation of property other than as tenant of H – No
decree passed against B in the said suit – B not challenging finding as to
ownership of plaintiff, and same attaining finality – Held, said finding would
operate as res judicata and B could not reagitate question of ownership of
H in eviction proceedings later initiated by appellant plaintiff
Important Para(s):17, 18
Accommodation Control Act, 1961 (M.P.) – S.12(1)(a) – Civil Procedure
Code, 1908, S.11 Expln. IV – Constructive res judicata – Court recording
clear finding that respondent defendant B was neither owner of suit
property nor could he show any right of occupation of property other than
as tenant of H, predecessor in interest of appellant plaintiff – Held, if B was
claiming to be in lawful possession in any capacity other than tenant he
ought to have put forward such claim as ground of defence in the earlier
suit – B not having replied to notice of eviction and to pay arrears of rent,
Trial Court was right in proceeding to decide present eviction suit on merits
and passing eviction decree in favour of appellant plaintiff
Important Para(s):21, 22, 23, 24
Civil Procedure Code, 1908 – S.11, Explanation. IV – Constructive res
judicata – Principle underlying Explanation IV is that where the parties have
had an opportunity of controverting a matter, that should be taken to be the
same thing as if the matter had been actually controverted and decided – Object of Explanation IV is to compel the plaintiff or the defendant to take
all the grounds of attack or defence in one and the same suit
Important Para(s):21, 22