Supreme Court of India · 1975-11-26
KOSHAL PAL & ORS. vs MOHAN LAL & ORS
- Citation / case number
- SC 1968/60294
- Court
- Supreme Court of India
- Petitioner
- KOSHAL PAL & ORS.
- Respondent
- MOHAN LAL & ORS
- Author
- P.K. GOSWAMI
- Bench
- P.K. GOSWAMI
Judgment text excerpt
The Supreme Court held that the second suit was barred by res judicata against defendants 2 and 3, as the trial Court's judgment regarding their adverse possession became final when the plaintiff did not appeal against it. The Court clarified that the absence of a finding on adverse possession in the first appellate Court did not affect the binding nature of the trial Court's decision. However, the res judicata principle did not apply to defendants 1 and 4, allowing for a decree of partial possession based on the adverse possession of defendants 2 and 3.