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october 1952

Supreme Court of India · 1952-10-27

RAJ LAKSHMI DASI AND OTHERS vs BANAMALI SEN AND OTHERSBHOLANATH SEN AND OTHERSV.RAJ LAKSH

Citation / case number
SC 1951/40
Court
Supreme Court of India
Petitioner
RAJ LAKSHMI DASI AND OTHERS
Respondent
BANAMALI SEN AND OTHERSBHOLANATH SEN AND OTHERSV.RAJ LAKSH
Bench
MAHAJAN, MEHR CHAND

Judgment text excerpt

The Supreme Court held that a decision regarding title in land acquisition proceedings operates as res judicata in subsequent suits between the same parties, even if the Land Acquisition Judge lacked jurisdiction to try the subsequent suit. This principle applies regardless of whether the dispute concerns compensation or the property itself, as established under general legal principles rather than Section 11 of the Civil Procedure Code. The Court affirmed that a mortgagee's claim is also bound by the decision made in the land acquisition proceedings, even if the mortgagee did not participate in the earlier hearings.

RAJ LAKSHMI DASI AND OTHERS vs BANAMALI SEN AND OTHERSBHOLANATH SEN AND OTHERSV.RAJ LAKSH · Niyam