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Supreme Court of India 2018-10-23 dismissed

Govindammal (Dead) By Lrs. and Ors vs Vaidiyanathan and Ors

Bench: 2 — Mohan M. Shantanagoudar

In Brief

The plaintiffs, as legal heirs of Narayanaswamy Mudaliar, sought a declaration that they owned 50% of suit property ('A Schedule') acquired by their ancestor in a 1912 partition deed, or alternatively claimed partition. The defendant, whose father purchased the property in a 1933 court auction sale, contended the suit was barred by res judicata from prior litigation and that he had adverse possession. The Supreme Court held that a court auction sale can only convey the judgment debtor's rights, and since only Chokalingam (not Narayanaswamy) was the judgment debtor, the sale could not affect the plaintiffs' 50% share. Res judicata between co-defendants does not apply where prior litigation involved only third-party disputes, not inter se conflict. The plaintiffs' admitted their entitlement in prior suits without detriment to the defendant, negating estoppel. Joint possession evident in revenue records precluded adverse possession. Appeal dismissed.

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Property Law Partition of Property Res Judicata Civil Procedure Adverse Possession Court Auction Sales Estoppel Title and Ownership Succession Law

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