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november 1975

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.

KOSHAL PAL & ORS. vs MOHAN LAL & ORS · Niyam