VidhiSangh

Supreme Court of India · 08/07/2024

HAR NARAYAN TEWARI (D) THR. LRS. versus CANTONMENT BOARD, RAMGARH CANTONMENT & ORS.

[2024] 7 S.C.R. 29 · 2024 INSC 467

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Summary

A land-title suit was not barred by res judicata merely because its parties had been co-defendants in an earlier unsuccessful suit by a third claimant. Their competing rights were neither necessarily in issue nor adjudicated there. Documentary evidence independently established the plaintiff’s settlement and possession. The Court restored the trial decree after setting aside the first appellate and High Court judgments.

Issues

  1. Whether dismissal of the earlier claimant’s suit adjudicated rights between its co-defendants.
  2. Whether the res judicata issue raised a substantial question of law in second appeal.
  3. Whether the plaintiff independently proved title and possession.

Provisions considered

Held

Result

Appeal allowed without costs; High Court and first appellate judgments set aside and trial court decree dated 16 March 2000 restored.

Judgment PDF: Supreme Court of India, [2024] 7 S.C.R. 29.