Civil procedure Code- eviction suit
This Court clarified that ordinarily it is true that in a suit for eviction even if the court goes into the question of title it examines the issue in an ancillary manner and in such cases (which constitute a very large majority) any observation or finding on the question of title would certainly not be binding in any subsequent suit on the dispute of title. This Court further clarified that the case with which it was dealing fell in an exceptional category of very limited number of cases. Thus, in our opinion, no parallel can be drawn from Mohd. Nooman. In that case issue of title was framed. In the instant case issue of title was not even framed. Mohd. Nooman arose out of exceptional facts and must be restricted to those facts.
In this connection, we may also point out that in an eviction petition filed on the ground of sub-letting and default, the court needs to decide whether relationship of landlord and tenant exists and not the question of title to the properties in question, which may be incidentally gone into, but cannot be decided finally in the eviction proceeding.
- the finding of title recorded in the earlier suit would operate as res judicata in the subsequent suit
(1) s.100 – Second appeal – Jurisdiction of High Court – Held: High Court should not interfere with a concurrent finding of fact unless it is perverse.
Keshar Bai v. Chhunulal[January 7, 2014]
