MD. NOOMAN & ORS. versus MD. JABED ALAM & ORS.

MD. NOOMAN & ORS. versus MD. JABED ALAM & ORS.

A finding on the question of title directly and substantially raised and decided in an earlier eviction suit between the same parties operates as res judicata in a subsequent suit for declaration of title and recovery of possession between the same parties.

Source-derived case information.

Parties
Appellant: MD. NOOMAN & ORS.; Respondent: MD. JABED ALAM & ORS.
Jurisdiction
India
Judgment Date
22 September 2010
Procedural Posture
Civil Appeal / Supreme Court Judgment
Outcome
Appeal dismissed
Legal Topics
Eviction, Title Dispute, Res Judicata
Civil Law Property Law Eviction Title Dispute Res Judicata

Source-derived case record

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Parties

MD. NOOMAN & ORS.

Appellant

MD. JABED ALAM & ORS.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether a finding on title in an eviction suit is binding in a subsequent suit for declaration of title and recovery of possession between the same parties.

Ratio Decidendi

A finding on the question of title directly and substantially raised and decided in an earlier eviction suit between the same parties operates as res judicata in a subsequent suit for declaration of title and recovery of possession between the same parties.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs.