RAVEESH CHAND JAIN versus RAJ RANI JAIN

High Court correctly decreed possession based on ownership already adjudicated in previous proceedings; decree for damages was not proper without determination, but given the deposited sum and relationship (mother-son), Rs.5,00,000/- was deemed just as damages.

Parties: Appellant/defendant: Raveesh Chand Jain; Respondent/plaintiff: Raj Rani Jain
Jurisdiction: India
Judgment Date: 12 February 2015
Procedural Posture: Civil Appeal / Supreme Court Appeal Against High Court Decree
Outcome: Appeal dismissed
Legal Topics: Order XII Rule 6 CPC, Judgment on Admissions, Res Judicata, Damages, Recovery of Possession

Civil Procedure Property Law Order XII Rule 6 CPC Judgment on Admissions Res Judicata Damages Recovery of Possession

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 7 Party arguments 2 Amounts and remedies 2

Parties

Raveesh Chand Jain

Appellant/defendant

Raj Rani Jain

Respondent/plaintiff

Procedural Posture

Civil Appeal / Supreme Court Appeal Against High Court Decree

Legal Issues

1 Whether decree for possession based on previous judgment is justified under Order XII Rule 6 CPC
2 Whether damages can be awarded without unequivocal admission or determination in previous suit

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

Appellant allowed to remain in possession until 31.12.2015 on payment of Rs.10,000/- per month as damages; if appellant fails to vacate or pay, respondent may execute decree for recovery of possession and damages.
Amount of Rs.5,00,000/- deposited by appellant is deemed just and proper for damages.