LawPage

Notes and Articles for Law students

User Tools

Site Tools


case_law:2005_khc_2239

Ramadhar Shrivas v. Bhagwandas

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, 1908S.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. IVConstructive 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, 1908S.11, Explanation. IVConstructive 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


Navigation: Home»Case Laws

Created on 2020/10/19 23:12 by • Last modified on 2020/11/07 18:32 (external edit)