VICTORIA versus K.V. NAIK AND ORS.

VICTORIA versus K.V. NAIK AND ORS.

Since the plea of Kudikidappu rights was raised and negatived in the suit for redemption and decrees passed, it is not open to the mortgagee to raise the plea again in execution; it is barred by res judicata.

Parties
Petitioner: Victoria; Respondents: K.V. Naik and Others
Jurisdiction
India
Judgment Date
09 May 1997
Procedural Posture
Special Leave Petition (civil) / Final Disposition
Outcome
Petition dismissed
Legal Topics
Redemption of Mortgage, Kudikidappu Rights, Res Judicata
Property Law Redemption of Mortgage Kudikidappu Rights Res Judicata

Case Brief

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Parties

Victoria

Petitioner

K.V. Naik and Others

Respondents

Procedural Posture

Special Leave Petition (civil) / Final Disposition

Legal Issues

  1. 1 Whether the mortgagee can claim Kudikidappu rights after the final decree when such plea has been raised and negatived in the redemption suit.
  2. 2 Whether the plea of Kudikidappu rights is barred by res judicata.

Ratio Decidendi

Since the plea of Kudikidappu rights was raised and negatived in the suit for redemption and decrees passed, it is not open to the mortgagee to raise the plea again in execution; it is barred by res judicata.

Court Disposition

Petition dismissed

Orders

  • The special leave petition is dismissed.