DEVA RAM AND ANR. versus ISHWAR CHAND AND ANR.

DEVA RAM AND ANR. versus ISHWAR CHAND AND ANR.

Order 2 Rule 2 does not bar the subsequent suit for possession as the previous suit and the instant suit are based on different causes of action; res judicata does not apply because the issue of tenancy was not pleaded, framed, or decided in the subsequent suit; adverse findings in the previous suit, which were reversed on appeal, cannot operate as res judicata or be binding when the decree was in appellants' favour and the issues or causes of action differ.

Parties
Appellant: Deva Ram and another; Respondent: Ishwar Chand and another
Jurisdiction
India
Judgment Date
16 October 1995
Procedural Posture
Civil Appeal / Judgment on Appeal From High Court Affirming Appeal Decree; Supreme Court Partially Allowing Appeal
Outcome
Appeal partly allowed.
Legal Topics
Order 2 Rule 2 CPC, Res Judicata, Adverse Findings and Right of Appeal, Protected Tenancy, Limitation in Land Possession Suits, Agreements for Sale Vs. Sale Deeds
Civil Procedure Land Law Order 2 Rule 2 CPC Res Judicata Adverse Findings and Right of Appeal Protected Tenancy Limitation in Land Possession Suits Agreements for Sale Vs. Sale Deeds

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Parties

Deva Ram and another

Appellant

Ishwar Chand and another

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal From High Court Affirming Appeal Decree; Supreme Court Partially Allowing Appeal

Legal Issues

  1. 1 Whether the subsequent suit for possession is barred by Order 2 Rule 2 of Civil Procedure Code, 1908
  2. 2 Whether findings in previous suit operate as res judicata in the subsequent suit for possession
  3. 3 Whether adverse findings against a party in whose favour a suit or appeal is ultimately decided can be appealed or operate as res judicata

Ratio Decidendi

Order 2 Rule 2 does not bar the subsequent suit for possession as the previous suit and the instant suit are based on different causes of action; res judicata does not apply because the issue of tenancy was not pleaded, framed, or decided in the subsequent suit; adverse findings in the previous suit, which were reversed on appeal, cannot operate as res judicata or be binding when the decree was in appellants' favour and the issues or causes of action differ.

Court Disposition

Appeal partly allowed.

Orders

  • Appellants to be treated as Protected Tenants in respect of 10 bighas of suit land.
  • Decree for possession executable only in respect of remaining 24.9 bighas.