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april 2008

Supreme Court of India · 2008-04-22

WILLIAMS vs LOURDUSAMY

Citation / case number
SC 2002/23119
Court
Supreme Court of India
Petitioner
WILLIAMS
Respondent
LOURDUSAMY
Author
V.S. SIRPURKAR S.B. SINHA
Bench
V.S. SIRPURKAR S.B. SINHA

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 the earlier suit's decree for permanent injunction did not bar the appellant's subsequent suit for declaration of title and recovery of possession, as the issues were distinct and the second respondent was not a party to the initial suit. The judgment of the High Court was set aside, affirming the appellant's title and possession rights.

WILLIAMS vs LOURDUSAMY · Niyam