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may 1997

Supreme Court of India · 1997-05-09

VICTORIA vs K V NAIK

Citation / case number
SC 1997/7865
Court
Supreme Court of India
Petitioner
VICTORIA
Respondent
K V NAIK
Author
D.P. WADHWA K. RAMASWAMY
Bench
D.P. WADHWA K. RAMASWAMY

Judgment text excerpt

The Supreme Court upheld the High Court's decision that the claim for Kudikidappu rights under Explanation IV to Section 2(25) of the Kerala Land Reforms Act is barred by res judicata, as the respondents had previously claimed tenancy rights in a prior proceeding. The Court clarified that since the claim was precluded by the earlier judgment, no reference under Section 125(3) of the Act was warranted. The ruling emphasized the principle that once a matter is settled, it cannot be re-litigated in execution proceedings.

VICTORIA vs K V NAIK · Niyam