Supreme Court · 1997 INSC 506 · Decided 9 May 1997
Victoria v. K.V. Naik and ORS.
- Court
- Supreme Court of India
- Citation
- 1997 INSC 506 · [1997] SUPP. 1 S.C.R. 344
- Case number
- SPECIAL LEAVE PETITION (CIVIL) No. 10014/1997
- Decided
- 9 May 1997
- Bench
- K. RAMASWAMY, D.P. WADHWA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC Section 115; Transfer of Property Act Section 60
Headnote
Kera/a Land Refonns Act, 1963 : Ss. 2(25) Explanation IV, 4(A)(l)(b), 13 and 125(3)-Mortgage of C land-Suit for redemption-Mortgagee claiming fixation of tenure and in alternative claiming deemed Kudikidappu rights-Trial Court negatived the plea-Final decree passed-Trial Court, however, observed as barred by res judicata-Held, since in the suit the plea had been raised and negatived, it was not open to mortgagee to raise the plea D after passing of the final decree that he was entitled to three cents of land as Kudikidappu-£ven otherwise, a mortgagee remains as mortgagee unless
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