Case Note & Summary
The case involves a second appeal by the plaintiff, Vishnum Shankar Naik, against the judgment of the Additional District Court in a suit for declaration and injunction concerning property owned by Vassant Gangadhar Sinai Kenkre. The appellant claimed to be a tenant of the suit property, and the Tenancy Court in Tenancy Case No.9/94 had declared him a tenant by order dated 21.9.1998. That order was not challenged by the respondents and attained finality. However, the Additional District Court, in the civil suit, ignored this declaration and dismissed the appellant's suit. The High Court admitted the second appeal on three substantial questions of law, but arguments were advanced only on question No.2: whether the Additional District Court could ignore the tenancy declaration that had become final. The High Court held that the tenancy declaration was binding on the civil court and could not be ignored, as it had attained finality and the respondents were parties to those proceedings. The court allowed the appeal, set aside the impugned judgment, and remanded the matter to the Additional District Court for fresh disposal in accordance with law, directing that the tenancy declaration be treated as binding.
Headnote
A) Civil Procedure - Res Judicata - Finality of Tenancy Declaration - Section 11 CPC - The Additional District Court erred in ignoring the declaration of tenancy in Tenancy Case No.9/94 which had attained finality and was not challenged by the respondents who were parties to those proceedings - Held that the tenancy declaration is binding on the civil court and cannot be ignored (Paras 3-5).
Issue of Consideration
Whether the Additional District Court could have ignored the declaration in Order dated 21.9.98 in Tenancy Case No.9/94, declaring the appellant to be a tenant in respect of the suit property, when the said judgment might have attained finality and was not challenged by the respondents who were parties to the proceedings in which the said judgment and order was passed.
Final Decision
The High Court allowed the appeal, set aside the impugned judgment of the Additional District Court, and remanded the matter to the Additional District Court for fresh disposal in accordance with law, directing that the tenancy declaration in Tenancy Case No.9/94 be treated as binding on the parties.
Law Points
- Res judicata
- Tenancy declaration finality
- Civil court cannot ignore tenancy order
- Section 9 CPC
- Section 11 CPC
Case Details
2005 LawText (BOM) (09) 67
Second Appeal No. 9 of 2001
Mr. S. D. Lotlikar, Senior Advocate with Ms. S. Naik, Advocate for the Appellant; Mr. U. S. Kolwalkar, Advocate for the Respondents
Shri Ananta Ayu Naik (deceased) through legal heirs
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Nature of Litigation
Second appeal against judgment of Additional District Court in a civil suit for declaration and injunction regarding tenancy rights.
Remedy Sought
Appellant sought to set aside the judgment of the Additional District Court and to have the tenancy declaration treated as binding.
Filing Reason
The Additional District Court ignored the declaration of tenancy in Tenancy Case No.9/94 which had attained finality.
Previous Decisions
Tenancy Court in Tenancy Case No.9/94 declared appellant as tenant on 21.9.1998; that order was not challenged and became final. The Additional District Court dismissed appellant's suit ignoring that declaration.
Issues
Whether the Additional District Court could ignore the declaration in Order dated 21.9.98 in Tenancy Case No.9/94, declaring the appellant to be a tenant in respect of the suit property, when the said judgment might have attained finality and was not challenged by the respondents who were parties to the proceedings in which the said judgment and order was passed.
Submissions/Arguments
Appellant argued that the tenancy declaration had become final and binding and could not be ignored by the civil court.
Respondents argued that the tenancy declaration was not binding on the civil court.
Ratio Decidendi
A declaration of tenancy by a competent Tenancy Court, which has attained finality and not been challenged by the parties, is binding on a civil court and cannot be ignored in subsequent proceedings between the same parties.
Judgment Excerpts
Whether the Additional District Court could have ignored that the declaration in Order dated 21.9.98 in Tenancy Case No.9/94, declaring the appellant to be a tenant in respect of the suit property when the said judgment might have attained finality and was not challenged by the respondents who were the parties to the proceedings in which the said Judgment and Order was passed.
Procedural History
The appellant filed R.C.S. No.10/76 in the Civil Court. The Tenancy Court in Tenancy Case No.9/94 declared the appellant as tenant on 21.9.1998. The Additional District Court dismissed the appellant's suit. The appellant filed Second Appeal No. 9 of 2001 in the High Court of Bombay at Goa, which was admitted on 5.7.2001 on three substantial questions of law.
Acts & Sections
- Code of Civil Procedure, 1908: Section 9, Section 11
