Supreme Court · 2005 INSC 290 · Decided 12 July 2005

Aanaimuthu Thevar (Dead) BY LRS. v. Alagammal and ORS.

Court
Supreme Court of India
Citation
2005 INSC 290 · [2005] SUPP. 1 S.C.R. 549
Case number
CIVIL APPEAL No. 2592/2000
Decided
12 July 2005
Bench
D.M. DHARMADHIKARI, TARUN CHATTERJEE (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
CPC Section 11

Headnote

B Code of Civil Procedure, 1908-Section I I, Explanation IV-Res judicata-Husband of respondent no. I, in a panchayat settlement, agreed to relinquish his right of ownership in suit property in favour of respondent no. I-But did not execute any registered document to that effect-Instead C executed against Respondent no. I-Respondent I in defence claimed possession in terms of the panchayat settlement-The suit was dismissed-The judgment attainedfinality-Appellant subsequen(ly purchased suit property ji·om husband of respondent I and on that basis, instituted suit D for declaration

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