VidhiSangh

Supreme Court of India · 05/02/2019

ASGAR & ORS. versus MOHAN VARMA & ORS.

[2019] 2 S.C.R. 664 · 2019 INSC 144

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

A claim to retain possession pending compensation for improvements was barred by constructive res judicata because it could and should have been raised in the claimants’ earlier execution objections. Strangers to a decree can obtain adjudication of their independent rights before dispossession under Order XXI Rule 97. The earlier liberty to pursue appropriate remedies in accordance with law did not remove the opposing party’s available defences.

Issues

  1. Whether a fresh claim for improvements and continued possession was barred by constructive res judicata after adjudication of earlier execution objections.
  2. Whether earlier liberty to pursue remedies precluded that defence.

Provisions considered

Held

Result

Appeal dismissed; rejection of the fresh compensation claim on constructive res judicata upheld. Pending applications disposed of; no order as to costs.

Judgment PDF: Supreme Court of India, [2019] 2 S.C.R. 664.