Back
ABDUL QUDDHOSE
Jamaludeen – Appellant
Versus
Ramachandran – Respondent
JUDGMENT :
This second appeal has been filed challenging the judgment and decree passed by the Principal Sub-Court, Mayiladuthurai, in A.S.No.53 of 2017, dated 20.03.2020.
2. In the suit, the appellant herein is the plaintiff and the respondent herein is the defendant. In the forthcoming paragraphs, the parties will be referred to as per their litigative status in the suit.
3. The suit in O.S.No.156 of 2014 on the file of the Additional District Munsif Court, Mayiladuthurai, was filed by the plaintiff against the defendant for declaration, recovery of possession and recovery of arrears of rent.
4. The plaintiff claims that the plaintiff is the owner of the suit schedule property by virtue of an oral Hiba obtained from his mother Rehmana Beevi through a Hiba confirmation letter dated 10.03.1995. Subsequent to the said Hiba, patta has also been transferred in his name. According to the plaintiff, the defendant was allowed to occupy the suit schedule property on a monthly rent of Rs.10/- and he has failed to pay the arrears of rent. The plaintiff has also pleaded that he had earlier filed a suit in O.S.No.408 of 2004 on the file of the Additional District Munsif Court, Mayiladuthurai, see
The doctrine of res-judicata does not apply when the findings in a previous suit are incidental and do not directly address the ownership issue in a subsequent suit.
The main legal point established in the judgment is the application of res judicata in property disputes and the necessary conditions for a matter to be considered directly and substantially in issue....
The principle of res judicata bars re-litigation of matters already decided, confirming that the earlier judgment is binding and the current suit is not maintainable.
The establishment of title and failure to prove right to possession are crucial in determining entitlement to recovery of possession.
(1) Mohammedan Law – Gift (Hiba) – For a valid gift declaration by donor is must – A gift cannot be implied.(2) Amendment of plaint – It is always open to court to allow an amendment if it is of the ....
A dismissal of an earlier suit without merit does not preclude subsequent claims; the plea of adverse possession admits the owner's title.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
