When in a previous suit between the same parties, the Plaintiff has failed to prove ownership to suit property, subsequent suit on the same point shall be barred as res-judicata

The High Court of Delhi in a recent judgement held that if an issue pertaining to ownership of a particular property has been previously decided in another suit between the same parties, the subsequent suit will be barred by the doctrine of res-judicata.

This was held in the matter Randhir Singh v. Satish Kumar & ors., RFA No. 156 of 2017 on 16^th July 2018.

Challenge

The Appellant/Plaintiff filed the subject suit for declaration, partition possession and permanent injunction and prayed for relief with respect to his claim to 93 sq. yards of land out of 275 sq. yards belonging to his father. The Respondents/defendants filed an application under Order VII Rule 11, pleading that an identical issue of ownership of the same 93 sq. yards of subject land of the Appellant/Plaintiff has been decided earlier in a suit for injunction bearing no. 573/2011.

Trial Court held that the issue with respect to ownership of 93 sq. yards of subject land was directly and substantially in issue between the parties to suit no. 573/2011 decided on 08.12.2015, therefore, vide impugned judgment dated 16.08.2016, the Ld. Trial Court rejected the plaint of the Appellant and allowed the application filed by the Respondents.

Held:

The High Court upheld that order of the Trial Court that the suit is barred by res-judicata. The Hon’ble Court was of the view that once it was held in the previous proceedings that the Appellant/plaintiff does not have ownership of the suit property, the same issue cannot be re-agiated in the subsequent suit.