Civil Procedure Code, 1908, Section 11 -- Res judicata - To constitute res judicata conditions to be fulfilled are : (i) There must be two suits - one former suit and the other subsequent suit; (ii) The Court which decided the former suit must be competent to try the subsequent suit; (iii) The matter directly and substantially in issue must be the same either actually or..........
Civil Procedure Code, 1908, Section 11 -- Resjudicata - The parties in both the suits must have litigated under the same title - Exparte decree - Parties were litigating under the same title in the subsequent suit - Exparte decree passed in the former suit would operate as resjudicata...........
Civil Procedure Code, 1908, Section 11 -- Appellant was litigating on the basis of title acquired by her from `K' - Exparte decree passed against `K' in a former suit - Appellant not party in the former suit - By virtue of the ex parte decree passed in the former suit, the subsequent suit filed by the appellant is hit by resjudicata...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Obstruction - Relationship of landlord and tenant between D.H. & J.D. - Obstructor son of J.D. working with her - His application to obstruct execution - Not maintainable - O.21.R.97 applies to only person who is claiming independent right, title and interest and not under J.D...........
Registration Act, 1908, Section 17(2) -- Family settlement - Decree based on admission of parties - Did not require registraton as decree did not create any title for the first time - Appellant had pre-existing rights in respect of disputed property. 2006(2) PLJ 403(SC) Som Dev's case relied...........
Criminal Procedure Code, 1973, Section 482, 401, 402 -- Complaint - Dismissed - Revision against - Dismissed after hearing appellant - Further petition to High Court u/ss 401 & 402 - Name of appellants indicated in the cause title which at the request of respondent No.1 were deleted - High Court without hearing appellant issuing directions to Magistrate to issue process -..........
Specific Relief Act, 1963, Section 19, Civil Procedure Code, 1908, Order 1, Rule 10 -- Suit for specific performance - Necessary & proper parties - Agreement to sell - Strangers to the agreement making a claim adverse to the title of vendor - Claiming themselves to be co-owners of the contracted property - Neither necessary nor proper party. Panne Khushali's case AIR 1976..........
Specific Relief Act, 1963, Section 19 -- Suit for specific performance of agreement to sell - Scope of adjudication - Impleading of stranger to contract -Enlargement of scope - Permissibility - Suit for specific performance of contract for sale - Question that is to be decided is the enforceability of the contract entered into between parties to the contract - Addition of..........
Evidence Act, 1872, Section 115 -- Estoppel - Suit for possession and recovery of damages on account of use and occupation of land -Plaintiffs claimed the suit land on the basis of their title - Defendants denied ownership of plaintiffs - Claimed themselves to be owner in possession of the suit land - In jamabandi status of defendants recorded as Gair Marusi tenants -..........
Possession -- Burden is on plaintiff to establish title - Court is entitled to consider the rival title set up by the defendants - However, weakness of the defence or the failure of the defendants to establish the title set up by them would not enable the plaintiff to a decree...........
