KANI RAM AND ANR. versus SMT. KAZANI AND ORS.

KANI RAM AND ANR. versus SMT. KAZANI AND ORS.

A prior judgment confirming satisfaction by the court under s.13 of the Rent Control Act on all facts and law aspects operates as constructive res judicata; subsequent objections to validity of the decree are barred.

Parties
Appellant: Kani Ram; Appellant: Babu Lal; Respondent: Smt. Kazani; Respondent: Other respondents
Jurisdiction
India
Judgment Date
19 April 1972
Procedural Posture
Civil Appeal / Final Judgment on Appeal by Special Leave
Outcome
Appeal allowed
Legal Topics
Ejectment, Constructive Res Judicata, Validity of Compromise Decree
Tenancy Law Civil Procedure Ejectment Constructive Res Judicata Validity of Compromise Decree

Case Brief

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Parties

Kani Ram

Appellant

Babu Lal

Appellant

Smt. Kazani

Respondent

Other respondents

Respondent

Procedural Posture

Civil Appeal / Final Judgment on Appeal by Special Leave

Legal Issues

  1. 1 Whether the decree for ejectment passed on compromise is valid under s.13 of Delhi & Ajmer Rent Control Act, 1952
  2. 2 Whether matters in subsequent execution proceedings were barred by constructive res judicata

Ratio Decidendi

A prior judgment confirming satisfaction by the court under s.13 of the Rent Control Act on all facts and law aspects operates as constructive res judicata; subsequent objections to validity of the decree are barred.

Court Disposition

Appeal allowed

Orders

  • Order of Delhi High Court set aside
  • Order of the courts below restored