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Erach Boman Khavar vs Tukaram Sridhar Bhat & Ors on 12 December, 2013 cites

Prahlad Singh vs Col. Sukhdev Singh on 24 February, 1987

In Prahlad Singh v. Col. Sukhdev Singh[8] an ex-parte decree passed in a petition for eviction based on ground of default in payment of rent was set aside on the finding that the landlord had agreed to withdraw the petition and accept rent from the tenant. After the decree was set aside the petition for eviction was once again ordered on the ground of default of payment of rent for the same period. The submission of the tenant that the eviction petition could not be allowed to continue and deserved to be dismissed on the finding of the court in the proceeding for setting aside the ex parte order was negatived by the High Court on the ground that those findings were made in the context of setting aside the ex parte order and not in the context of deciding the main petition for eviction.
Supreme Court of India Cites 2 - Cited by 60 - O C Reddy - Full Document

C.V. Rajendran And Anr vs N.M. Muhammed Kunhi on 13 September, 2002

In C.V. Rajendran and another v. N.M. Muhammed Kunhi[9] the question arose for consideration whether the order of remand passed by the Rent Control Appellate Authority, Payyannur, dated November 25, 1988, holding that the second eviction petition (R.C.P. No. 13/87) filed by the respondent against the appellants under sub-section (3) of Section 11 of the Kerala Buildings (Lease and Rent Control) Act, 1965, is not barred by Section 15 of the Act, can be permitted to re-agitate in a proceeding arising from the order passed by the Rent Controller pursuant to the order of remand. Be it noted, in the said case, learned Rent Controller had declined to grant relief to the respondent on the ground that under Section 15(3) of the Act the eviction petition was not maintainable. On appeal being preferred the appellate authority remanded the matter to the Rent Controller for fresh disposal. After remand, the Rent Controller found that the need of the respondent was bona fide and alternative accommodation in the area was available and, accordingly, allowed the eviction petition. The same was affirmed by the Rent Control Appellate Authority. On a civil revision being preferred the High Court opined that the earlier order of the appellate authority holding that Section 15 of the Act does not bar the eviction proceeding against the tenant, had become final and could not be re-agitated. However, the High Court recorded a finding that Section 15 of the Act did not bar the subsequent eviction petition and being of that view dismissed the revision petition. A contention was raised before this Court that order passed by the appellate authority holding that the eviction petition was maintainable and Section 15 of the Act was not a bar, does not operate as res judicata. In that context, this Court observed as follows: -
Supreme Court of India Cites 3 - Cited by 45 - S S Quadri - Full Document

Y.B. Patil And Ors vs Y.L. Patil on 23 August, 1976

In this regard, the pronouncement in Y.B. Patil and others v. Y.L. Patil[12] is worth referring to. In that case the High Court in the writ petition preferred on earlier point of time had recorded a finding and gave directions to the tribunal not to reopen the question of fact in revision and the tribunal complied with those directions of the High Court. This Court opined that the appellants therein were bound by the judgment of the High Court and it was not open to them to go behind the judgment earlier passed by the High Court as they had not preferred any appeal against the said judgment and it had attained finality. The Court observed that it is well settled that principle of res judicata can be invoked not only in separate subsequent proceedings, they also got attracted in subsequent stage of the same proceeding. The aforesaid decision has noted the fact that in the earlier writ petition the High Court has clearly stated that the tribunal shall not reopen the question of fact in revision. It is manifest that, this Court has taken note of the fact that there was an expression of opinion by the High Court that facts need not be adverted to again by the tribunal and that attracted the principle of res judicata.
Supreme Court of India Cites 2 - Cited by 120 - H R Khanna - Full Document
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