Supreme Court · 1970 INSC 42 · Decided 26 February 1970
Mathura Prasad Bajoo Jaiswal & ORS. v. Dossibai N. B. Jeejeebhoy
- Court
- Supreme Court of India
- Citation
- 1970 INSC 42 · [1970] 3 S.C.R. 830
- Case number
- CIVIL APPEAL No. 1061/1966
- Decided
- 26 February 1970
- Bench
- J.C. SHAH, K.S. HEGDE, A.N. GROVER (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 11
Headnote
B Code of Civil Procedure (Act 5 of 1908), s. 11-Jurisdiction of Court-Erroneous decision-If res judicata. The appellant obtained lease of an open land for constructioµ of build- ings. After the constructions, the appellant applied 'for determination of standard rent under the Bombay Rents, was rejected holding that the provi· C sions of the Act did not apply to open land let for construction. This view \ras confirmed by the High Court. Sometime thereafter in another case the High Court held that the question whether the provisions of the Act applied to any particular
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