Niyam v2 is live — start for just ₹100 — 200 credits to try

may 2017

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.

POONNAMMA JAGADAMMA vs NARAYANAN NAIR · Niyam