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october 1970

Supreme Court of India · 1970-10-23

GANGAPPA GURUPADAPPA GUGWAD GULBARGA vs RACHAWWA,WIDOW OF LOCHANAPPA GUGWAD &ORS.

Citation / case number
SC 1966/60481
Court
Supreme Court of India
Petitioner
GANGAPPA GURUPADAPPA GUGWAD GULBARGA
Respondent
RACHAWWA,WIDOW OF LOCHANAPPA GUGWAD &ORS.
Bench
MITTER, G.K.

Judgment text excerpt

The Supreme Court held that the decision in the 1935 suit regarding the nature of the estate inherited by L under R's will operates as res judicata, as it was not merely obiter. The Court clarified that the trial court's findings on multiple issues, including L's absolute ownership of the property, are binding in subsequent litigation. The appeal was dismissed, affirming the High Court's acceptance of the res judicata plea raised by the defendants.

GANGAPPA GURUPADAPPA GUGWAD GULBARGA vs RACHAWWA,WIDOW OF LOCHANAPPA GUGWAD &ORS. · Niyam