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april 2008

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.

Williams vs Lourdusamy & Anr · Niyam