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PETITIONER:

RAMESHWAR DAYAL

Vs.

RESPONDENT:

BANDA (DEAD) THROUGH HIS LRS. AND ANR.

DATE OF JUDGMENT13/01/1993

BENCH:

SAWANT, P.B.

BENCH:

SAWANT, P.B.

RAY, G.N. (J)

CITATION:

1993 SCR (1) 198 1993 SCC (1) 531

JT 1993 (1) 213 1993 SCALE (1)126

ACT:

Res Judicata--Suit on basis of title by sub-tenant for

nullity of eviction decree and injunction from

dispossession--Decision binding inter parties--Held, to

operate as res judicata, the first finding must be on issue

which was directly and substantially, and not incidentally,

in issue in that suit--Decision of Small Causes Court not

referring to issue, nor giving any finding, cannot operate

as res judicata--Question of jurisdiction of Small Causes

Court to decide issue of title to property merely

academic--Provincial Small Causes Court Act, S.23.

Code of Civil Procedure, 1908--S. 2(9), (2), (14), Order XX

Rules 4(1) and (5), Order XIV Rules 1 and 3--Provincial

Small Causes Court Act--S. 17(1)--Held, to be binding order

of the court disposing of suit must amount to a

decree--Held, further