Supreme Court of India · 2008-04-22
Williams vs Lourdusamy & Anr
- Court
- Supreme Court of India
- Petitioner
- Williams
- Respondent
- Lourdusamy & Anr
- Author
- S.B. Sinha
- Bench
- S.B. Sinha, V.S. Sirpurkar
Judgment text excerpt
The Supreme Court addressed the applicability of the principle of res-judicata in the context of property disputes, specifically under Section 53A of the Transfer of Property Act. The Court held that since the earlier suit did not involve a determination of the oral agreement of sale between the first and second respondents, the principle of res-judicata could not be invoked. Consequently, the Court overturned the High Court's ruling that had relied on stray observations from the Trial Judge, affirming the appellant's title and possession of the property.