Supreme Court · 2004 INSC 90 · Decided 6 February 2004

Kunjan Nair Sivaraman Nair v. Narayanan Nair and ORS.

Court
Supreme Court of India
Citation
2004 INSC 90 · [2004] 2 S.C.R. 202
Case number
CIVIL APPEAL No. 838/2004
Decided
6 February 2004
Bench
DORAISWAMY RAJU, ARIJIT PASAYAT (2-judge bench)
Outcome
Case Partly allowed
Case type
Civil
Acts & sections cited
CPC Section 11

Headnote

Code of Civil Procedure, 1908; Order JI, Rule 2, sub-rule 3/Kerala Compensation for Tenants Improvement Act, 1958; Section 2(d): C Suit for declaration of right and title and issuance of injunction in respect of certain property by the legal heirs-land Tribunal upheld the Tille, however, for recove1y of possession and mesne profit-Trial Court decreed the suit holding that since appellant was not a tenant, provision D of Compensation Act not attracted-Appeals dismissed by first appellate Court and High Court-On appeal, Held: since cause of action in the earlier suit is not the

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