Resjudicate

Jolly James 9447287658 (Querist) 19 January 2013 This query is : Resolved
My client earlier filed a suit for injunction restrain the defendant and his men trespassing in the plaint schedule property.

Defendant contend that he borrowed 6 lakhs rupees from the plaintiff and executed two sale deed and entire amount was repaid. one document was re conveyed and other property was with held by the plaintiff.
based on the pleading court raised 3 issues i. Whether the plaintiff has right and possession over the plaint schedule property?
2. whether the plaintiff is entitled to get permanent prohibitory injunction as prayed for?
3. relief and cost.

Court found that Even on 28-2-10 the 1st defendant has been in possession of the P.S.P which is evident from Ext B 1 possession certificate and B 2 Tax receipt shows that 1st defendant paying tax. It can also be discernible that even after execution of Ext. A 1 sale deed 1st defendant paying land revenue tax for the property covered by A 1 deed. So from the evidence on record, it cannot be found that the plaintiff has been in possession of the P.S.P. Issue No 1 answered against plaintiff. Court refereed a dictum in the judgement ( Ramlal and another V phagua and other ( A.I.R 2006 S.C 623 )

Now my client want to file a suit for declaration of title and recovery of possession. Whether the judgement and decree will operate as resjudicata. Please advise me.

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prabhakar singh (Expert) 19 January 2013
IN VIEW OF THE FINDINGS GIVEN ON ISSUE NO.1 &2 THE SAME PLAINTIFF OR ANY ONE ELSE CLAIMING UNDER HIM NOW CAN NOT FILE FRESH SUIT AGAINST SAME DEFENDANT OR ANY OTHER CLAIMING UNDER HIM WITH RESPECT TO SAME DISPUTED PROPERTY.GRANT OR REFUSAL OF INJUNCTION INVOLVES PROBE INTO TITLE ALSO.MORE OVER THE SUIT WAS AGAINST THE REAL OWNER.TITLE UNDER A SALE DEED PASSES ONLY WHEN ACTUAL OR CONSTRUCTIVE POSSESSION APPEARS TO HAVE PASSED TO THE BUYER.

YES THERE WOULD BE A RESJUDICATA.