RICHPAL SINGH AND OTHERS ETC. versus DALIP

RICHPAL SINGH AND OTHERS ETC. versus DALIP

A decree for ejectment passed by the Revenue Court under section 77(3) of the Punjab Tenancy Act, 1887 does not operate as res judicata to bar a subsequent civil suit determining whether the person was a mortgagee in possession or a tenant, because the Revenue Court lacks jurisdiction to decide disputes about the title and the relationship unless such relationship is admitted.

Parties
Appellant: Richpal Singh and others; Respondent: Dalip
Jurisdiction
India
Judgment Date
09 September 1987
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal by Special Leave From Full Bench Judgment of Punjab and Haryana High Court
Outcome
Appeals dismissed
Legal Topics
Res Judicata, Jurisdiction, Ejectment, Landlord Tenant Relationship
Tenancy Civil Procedure Res Judicata Jurisdiction Ejectment Landlord Tenant Relationship

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

Richpal Singh and others

Appellant

Dalip

Respondent

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal by Special Leave From Full Bench Judgment of Punjab and Haryana High Court

Legal Issues

  1. 1 Whether a decree for ejectment passed by Revenue Court under Punjab Tenancy Act, 1887 bars a subsequent civil suit for determination of title
  2. 2 Applicability of res judicata where Revenue Court decides ejectment under Punjab Tenancy Act

Ratio Decidendi

A decree for ejectment passed by the Revenue Court under section 77(3) of the Punjab Tenancy Act, 1887 does not operate as res judicata to bar a subsequent civil suit determining whether the person was a mortgagee in possession or a tenant, because the Revenue Court lacks jurisdiction to decide disputes about the title and the relationship unless such relationship is admitted.

Court Disposition

Appeals dismissed

Orders

  • Appeals are dismissed with costs.