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Supreme Court of India 2024-01-03 allowed

MARY PUSHPAM vs TELVI CURUSUMARY & ORS

Bench: 2 — Vikram Nath, Rajesh Bindal

In Brief

An appellant sued for property title and possession after the respondents' earlier ejectment suit failed. The Trial Court granted relief only for the constructed portion of land. The appellate court in 2003 awarded the entire 8 cents as stated in an earlier High Court judgment from 1990, but the High Court reversed this in 2009, restoring the Trial Court's partial decree. The Supreme Court held that the 1990 High Court judgment clearly established the dispute concerned all 8 cents of land, not merely the construction. Lower courts violated the doctrine of merger and judicial discipline by reinterpreting that binding judgment. The Court allowed the appeal, restoring the appellate judgment granting relief for the entire property.

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Civil Procedure Judicial Discipline Doctrine of Merger Property Law Adverse Possession Court Hierarchy Precedent

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