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september 1961

Supreme Court of India · 1961-09-04

BHAGWAN DAYAL vs MST. REOTI DEVI

Citation / case number
SC 1958/170
Court
Supreme Court of India
Petitioner
BHAGWAN DAYAL
Respondent
MST. REOTI DEVI
Bench
SUBBARAO

Judgment text excerpt

The Supreme Court held that the decree of the Revenue Court does not operate as res judicata in a subsequent suit for declaration of title in the Civil Court, as the Revenue Court lacked jurisdiction over such matters under Section 11 of the Code of Civil Procedure, 1908. The Court affirmed that the present suit was maintainable in the Civil Court and that the judgment of the Revenue Court on proprietary title could not bar the Civil Court's jurisdiction. Additionally, the Court found that a partition had occurred in the family during the lifetime of L, rebutting the presumption of jointness in Hindu law.

BHAGWAN DAYAL vs MST. REOTI DEVI · Niyam