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RAJ LAKSHMI DASI AND OTHERS v. BANAMALI SEN AND OTHERSBHOLANATH SEN AND OTHERSV.RAJ LAKSH

Supreme Court of India | Diary 40/1951

Status

Judgment

Decided On

1952-10-27

Bench

MAHAJAN, MEHR CHAND

Petitioner

RAJ LAKSHMI DASI AND OTHERS

Respondent

BANAMALI SEN AND OTHERSBHOLANATH SEN AND OTHERSV.RAJ LAKSH

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Full Judgment Text

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 14

PETITIONER: RAJ LAKSHMI DASI AND OTHERS

Vs.

RESPONDENT: BANAMALI SEN AND OTHERSBHOLANATH SEN AND OTHERSV.RAJ LAKSHMI

DATE OF JUDGMENT: 27/10/1952

BENCH: MAHAJAN, MEHR CHAND BENCH: MAHAJAN, MEHR CHAND AIYAR, N. CHANDRASEKHARA BHAGWATI, NATWARLAL H.

CITATION: 1953 AIR 33 1953 SCR 154 CITATOR INFO : F 1960 SC1186 (8) R 1961 SC1457 (12) R 1964 SC1013 (16) R 1965 SC1153 (5,51,52) D 1971 SC 664 (19) RF 1977 SC1268 (21) RF 1986 SC 500 (6,7) R 1987 SC2205 (8) D 1991 SC 264 (4)

ACT: Res judicata-Land -acquisition proceedings-Dispute as to title between rival claimants-Decision after contest-Whether operates as res judicata in subsequent suit-Effect of decision on mortgagees.

HEADNOTE: Where the right to receive compensation for property acquired in land acquisition proceedings as between rival claimants depends the title to the property acquired and the dispute as to title is raised by the parties and is decided by the Land Acquisition Judge after contest, this decision as to title operates as res judicata in a subsequent suit between the same parties the question of title. The binding force of a judgment delivered under the Land Acquisition Act depends general principles of law and not s. 11 of the Civil Procedure Code, and the decision of a Land ...

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