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1 - 6 of 6 (0.26 seconds)Section 100 in The Code of Civil Procedure, 1908 [Entire Act]
Vanagiri Sri Selliamman Ayyanar ... vs Rajanga Asari And Ors. on 25 March, 1964
In Vanagiri Sri Selliamman Ayyanar
Uthirasomasundareswarar Temple vs. Rajanga Asari AIR 1965 Mad. 355,
the Madras High Court considered an appeal arising from a suit for
possession and injunction. The defendant contended that the plaintiff had
filed an earlier suit for injunction which was dismissed, and therefore the
plaintiff was precluded from agitating the issue of title in the subsequent
suit, being barred by the principle of res judicata. It was held that the earlier
suit was only for an injunction (to protect the standing crop on the land) and
the averments in the plaint did not give rise to any question necessitating
denial of plaintiff's title by the defendant; and as the earlier suit was
concerned only with a possessory right and not title, the subsequent suit was
not barred. There are several decisions taking a similar view that in a suit for
injunction, the question of title does not arise or would arise only
incidentally or collaterally, and therefore a subsequent suit for declaration of
title would not be barred.
Sulochana Amma vs Narayanan Nair on 24 September, 1993
On the other hand, in Sulochana Amma vs.
Narayanan Nair 1994 (2) SCC 14, this Court observed that a finding as to
title given in an earlier injunction suit, can operate as res judicata in a
subsequent suit for declaration of title. This was on the premises that in
some suits for injunction where a finding on possession solely depended
upon a finding on the issue of title, it could be said that the issue of title
directly and substantially arose for consideration; and when the same issue
regarding title is put in issue, in a subsequent title suit between the parties,
the decision in the earlier suit for injunction may operate as res judicata.
This Court observed :
Sajjadanashin Sayed Md.B.E.Edr.(D)By ... vs Musa Dadabhai Ummer & Others on 23 February, 2000
16. This Court in Sajjadanashin Sayed Md. Vs. Musa Dadabhai Ummer
2000 (3) SCC 350, noticed the apparent conflict in the views expressed in
Vanagiri and Sulochana Amma and clarified that the two decisions did not
express different views, but dealt with two different situations, as explained
in Corpus Juris Secundum (Vol.50, para 735, p.229):
The Transfer Of Property Act, 1882
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