Supreme Court of India · 2017-05-01
POONNAMMA JAGADAMMA vs NARAYANAN NAIR
- Citation / case number
- SC 2014/4321
- Court
- Supreme Court of India
- Petitioner
- POONNAMMA JAGADAMMA
- Respondent
- NARAYANAN NAIR
- Author
- A.M.KHANWILKAR
- Bench
- A.M. KHANWILKAR DIPAK MISRA
Judgment text excerpt
The Supreme Court addressed the dispute over property Survey No.2063, where Respondent No.1 claimed title through a registered Will from his father. The Court held that the suit for mandatory injunction was maintainable despite previous dismissals, emphasizing that the principle of res judicata does not apply as the parties had not litigated the same issue in the same capacity. The Court ruled in favor of Respondent No.1, allowing him to seek injunction against the Appellants for encroachment and affirming his entitlement to the property based on the Will.