Sunday 19 January 2014

Finding given by small cause court as regards title to immovable property whether operates as res judicata?



Ramji Gupta v. Gopi Krishan Agrawal, (2013) 9 SCC 438
Civil Procedure Code, 1908
Ss. 11, 7 and 8 - Res judicata - When operates - Finding in respect of an issue must be regarded as incidental to main
issue when court concerned does not have jurisdiction to decide an issue - Hence, held, finding on such issue which
must be deemed to be incidental cannot be made basis for bar of res judicata in subsequent suit directly raising that
issue before a competent court - Finding rendered by Small Cause Court as regards title to immovable property would
only be incidental to substantial issue involved in Small Cause Suit concerned (as Small Cause Court cannot determine
issues as to title) - Hence held, such finding of Small Cause Court would not operate as res judicata in
subsequent civil suit for determination/enforcement of any right or interest in said property,

Ss. 23 and 16 - Jurisdiction of Small Cause Courts - Nature and scope - Bar to adjudicate upon issue of title, (2013) 9
SCC 438-B
Evidence Act, 1872
Ss. 116 and 17 - Issue of title to tenanted property - Tenant's right to seek adjudication upon - Admission as to title of
lessors by tenant/lessee cannot be resiled from, 
Hindu Law
Ss. 14(1) & (2) - Right as to absolute ownership to property, of a female Hindu in terms of S. 14(1) - Applicability - Life
interest in property - Created in instant case by oral will in favour of daughter-in-law (widow) - Impliedly held, that the
same remained a life interest,
Specific Relief Act, 1963
S. 34 - Remedy of declaration - Scope of - S. 34, whether exhaustive - Question not considered, 
Transfer of Property Act, 1882
Ss. 7, 8 and 54 - Transfers by holder of life estate, held, do not bind remaindermen after death of life estate holder -
Hence, sale of lessor's reversion by life estate holder J to predecessor of appellant tenants did not bind G, the
remainderman, and upon death of J, G became the lessor of appellant tenants, 

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