9911796707
Advanced Search 
TMI Blog2024 (1) TMI 1268X X X X Extracts X X X X X X X X Extracts X X X X ..... taken by a bench with same strength. 2. The plaintiff is in appeal assailing the correctness of the judgment and order dated 21.07.2009 passed by the Madurai Bench of Madras High Court, whereby, the Second Appeal filed by the defendant-respondent was allowed, the judgment and decree passed by the Sub-Judge, Padmanabhapuram dated 13.10.2003 was set aside and that of the Trial Court dated 30.06.1997 was restored and confirmed. 3. The appellant instituted a civil suit for declaration of title, possession and permanent injunction against the respondents which was registered as OS No. 308 of 1995 in the Court of District Munsiff-cum-Judicial Magistrate at Eraniel. The basis for filing the suit was that earlier in 1976, the respondents had filed a suit for ejectment of the appellant which was registered as OS No. 70 of 1976. The said suit was dismissed, First Appeal was dismissed and the Second Appeal was also dismissed by the High Court, vide judgment dated 30.03.1990. The same became final as it was not carried any further. 4. The appellant continued in possession of the property in suit. However, as the respondents were trying to interfere with the possession of the appellant, she ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Sub-Judge, the respondents preferred second appeal before the High Court registered as Second Appeal No. 451 of 2004. The High Court, by the impugned judgment dated 21.07.2009, allowed the appeal, set aside the judgment of the Sub-Judge and restored the decree of the Trial Court. Aggrieved by the same, the plaintiff has preferred the present appeal. 11. Heard learned counsel for the parties and perused the material on record. 12. The main argument advanced on behalf of the appellant is that the High Court in the first round in its judgment dated 30.03.1990 had specifically recorded that the dispute was with respect to 8 cents of land and the construction standing thereon. The Trial Court or the High Court therefore in the present round of litigation could not have confined it only to the construction and not the entire portion of land measuring 8 cents. It is further submitted that under the law of merger, the judgment of the Trial Court and the First Appeal Court in the first round of litigation merged with the judgment of the High Court dated 30.03.1990 and it is that judgment alone which has to be read as final and binding between the parties. It is also submitted that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... "The courts below found that all the documents produced by the respondent herein are in the name of the respondent. Therefore, considering all these documents, the courts below came to the conclusion that the respondent herein is in possession of the suit property for more than the statutory period and so she had perfected her title by adverse possession." 15. In the light of the above facts, arguments and findings recorded by the High Court in its judgment dated 30.031990, apparently no defence was left for the respondents to take as it was already held that the appellant had perfected her rights by adverse possession over the suit property which was 8 cents of land. The construction of the appellant was standing over the 8 cents of land may be on part of it but she was found in possession of the entire 8 cents. 16. The respondents never sought any clarification of the findings of the High Court or the observations made therein nor did they assail the same before any higher forum. The judgement dated 30.03.1990 attained finality. Interpreting the said judgement which was clear in itself any differently would clearly amount to judicial indiscipline. The Sub-Judge in its judgem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the view of the law taken by a Bench of larger quorum. In case of doubt all that the Bench of lesser quorum can do is to invite the attention of the Chief Justice and request for the matter being placed for hearing before a Bench of larger quorum than the Bench whose decision has come up for consideration. It will be open only for a Bench of coequal strength to express an opinion doubting the correctness of the view taken by the earlier Bench of coequal strength, whereupon the matter may be placed for hearing before a Bench consisting of a quorum larger than the one which pronounced the decision laying down the law the correctness of which is doubted." 20. In the current case, as previously mentioned, the High Court's judgment from the initial round dated 30.03.1990, noted that the disputed property included 8 cents of land, not just the building structure on it. As per the Doctrine of Merger, the judgments of the Trial Court and the First Appellate Court from the first round of litigation are absorbed into the High Court's judgment dated 30.03.1990. This 1990 judgment should be regarded as the conclusive and binding order from the initial litigation. Following the princ ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
