Supreme Court · 1999 INSC 195 · Decided 20 April 1999
Pawan Kumar Gupta v. Rochiram Nagdeo
- Court
- Supreme Court of India
- Citation
- 1999 INSC 195 · [1999] 2 S.C.R. 767
- Case number
- CIVIL APPEAL No. 2369/1999
- Decided
- 20 April 1999
- Bench
- K.T. THOMAS, D.P. MOHAPATRA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC; Evidence Act
Headnote
Code of Civil Procedure, I 908 : S.I I-Bar ofresjudicata--Sale deed-Transfer of suit building-Default C in payment of rent by tenant-Eviction suit-Tenant raising a plea that sale was benami transaction-Trial Court holding the transferee to be real oHner­ Suit dismissed as arrears of rent of transferee's title to the suit building-Maintainability of-Held, the findings D of the trial court in the first suit that transferee is the real owner had become final-Tenant could have challenged the said finding in appeal-Transferee's title cannot be re-agitated in subsequent suit as it is
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