Supreme Court · 1996 INSC 1097 · Decided 23 September 1996

Madhavkrishna and ANR. v. Chandra Bhaga and ORS.

Court
Supreme Court of India
Citation
1996 INSC 1097 · [1996] SUPP. 6 S.C.R. 665
Case number
CIVIL APPEAL No. 12994/1996
Decided
23 September 1996
Bench
K. RAMASWAMY, G.B. PATTANAIK (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC Section 11

Headnote

B Code of Civil Procedure : S. 11-Res judicata-Suit filed-Trial Cowt held that properties in question not family prope1ties-Decree became final-Properties bequeathed C by way of a will-Suit filed for title and possession-Decreed-High Court setting aside the decree on the ground that the other claim of hostile title against the owner of the prope1ty, the earlier decree operates as res judicata-Subsequent suit filed within 12 years from date of death of the owner-Obviously 110 adverse possessio11 had bee11 peif ected against the D appellant-Moreover, as against the predecessor i11 title

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