RAMESHWAR DAYAL versus BANDA (DEAD) THROUGH HIS LRS. AND ANR.

RAMESHWAR DAYAL versus BANDA (DEAD) THROUGH HIS LRS. AND ANR.

The bar of res judicata is not applicable to the determination of the issue regarding title in the suit, as the Small Causes Court did not decide or even refer to the issue of title in its judgment; its decision is non est as far as the respondent is concerned, and only judgments that properly adjudicate issues can give rise to a decree binding the parties.

Parties
Appellant: Rameshwar Dayal; Respondent: Banda (dead) through his LRs.; Habib
Jurisdiction
India
Judgment Date
13 January 1993
Procedural Posture
Civil Appeal / Appeal From Allahabad High Court Judgment in Second Appeal No. 1116 of 1986
Outcome
appeal dismissed
Legal Topics
Res Judicata, Jurisdiction of Small Causes Court, Eviction, Determination of Title
Civil Procedure Property Law Res Judicata Jurisdiction of Small Causes Court Eviction Determination of Title

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Parties

Rameshwar Dayal

Appellant

Banda (dead) through his LRs.

Respondent

Habib

Procedural Posture

Civil Appeal / Appeal From Allahabad High Court Judgment in Second Appeal No. 1116 of 1986

Legal Issues

  1. 1 Applicability of res judicata to determination of title by Small Causes Court
  2. 2 Binding nature of Small Causes Court's eviction decree on title
  3. 3 Requirements for decree and judgment under CPC and Small Causes Court Act

Ratio Decidendi

The bar of res judicata is not applicable to the determination of the issue regarding title in the suit, as the Small Causes Court did not decide or even refer to the issue of title in its judgment; its decision is non est as far as the respondent is concerned, and only judgments that properly adjudicate issues can give rise to a decree binding the parties.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs.