Supreme Court of India · 2019-02-05
ASGAR vs MOHAN VARMA .
- Citation / case number
- SC 2016/1207
- Court
- Supreme Court of India
- Petitioner
- ASGAR
- Respondent
- MOHAN VARMA .
- Author
- HON'BLE THE CHIEF JUSTICE
- Bench
- HON'BLE MR. JUSTICE HEMANT GUPTA HON'BLE THE CHIEF JUSTICE
Judgment text excerpt
The Supreme Court upheld the Kerala High Court's dismissal of the appellants' petition under Article 227, affirming that their claim for compensation under the Kerala Compensation for Tenants Improvements Act, 1958 was barred by constructive res judicata. The Court also confirmed the executing court's finding that the appellants were not entitled to compensation under Section 51 of the Transfer of Property Act, 1882. The judgment emphasizes the principles of res judicata and the limitations on claims post-partition decree.