Skip to main content

Case Analysis of Ajay Mohan v. H. N. Rai

 CASE ANALYSIS OF AJAY MOHAN V. H.N. RAI

Significance:

This case law corroborates the statement that says that the interim application which has the same relief sought in a previous interim application and rejected by the Court, then the previous interim order of the Court operates as the Res Judicata.

Facts:

The appellants are said to have become owners of the suit land by reason of a deed of gift, which is said to have been executed by Mrs. Tara Sarup on 30th March, 1968 in favor of the first appellant. Indisputably, the respondents claim their right, title on the land in suit in terms of an agreement of sale purported to have been executed by the appellants herein in their favor on 23rd October, 1969. The appellants’ contends that the sale agreement is a forged document and the Plaintiff/Appellant 1 being minor on the date of execution of the agreement, the same is void in law. The respondents contended that out of the amount of consideration mentioned in the said agreement, namely, Rs. 90,000, a sum of Rs. 80,000 has already been paid and they were put in possession there over in part-performance thereof, as envisaged under Section 53-A of the Transfer of Property Act. Various proceedings appear to have initiated before the Revenue Courts in regard to inclusion of the name of the respondents in the revenue records. It is further accepted that the first appellant herein had executed three deeds of assignment in favor of the second appellant herein on or about 29th July, 1991.  A suit was filed by the appellants before the City Civil Court, Bombay in 2006 claiming, inter alia, for a decree for permanent injunction restraining the respondents from creating any right in or over the suit land on the basis of revenue entries as also for a decree for permanent injunction restraining them from interfering with their possession and occupation thereupon. The onus was upon the plaintiffs to get the said documents cancelled and treated as null and void. Such a prayer having not been made, mere relief for injunction prayed for by the plaintiffs cannot give rise to existence of prima facie case for grant of relief at the interlocutory stage. Later, they filed an interim application for amendment of the plaint along with imposing injunction on defendants until the delivery of the decree. The second interim application was dismissed stating that it violates the principle of res judicata by the city civil judge but allowed to the extent of amendment of the plaint. The plaintiffs moved to the High Court challenging the interim order.

Issue in the original suit:

Whether the possession had been delivered to them in part-performance of agreement of sale.

Issue in the appeal:

Whether the doctrine of res judicata applies for the interim application seeking the injunction on the defendants.

Petitioners’/Appellants’ Arguments:

  1. That proving the sale agreement was fraudulent was unnecessary as the original copy of the agreement was missing.

  2. That there was an amendment in the prayer and hence the second interim application cannot be dismissed by applying res judicata.

Defendant’s/Respondent’s Arguments:

  1. That even though opportunity was provided to the appellants to amend the plaint, they didn’t claim that the defendant’s doesn’t possess any right over the property.

  2. That since the second interim application has the same subject matter with that of the first interim application which was rejected, has to be dismissed to that extent by applying the doctrine of res judicata.

Interpretation:

While passing an interim order of injunction under Order 39, Rules 1 and 2 CPC, the court is required three basic principles, namely, (a) prima facie case, (b) balance of convenience and inconvenience, and (c) irreparable loss and injury. While granting injunction must also take into consideration the conduct of the parties, Makers Development Services (P) Ltd. v. M. Visvesvaraya Industrial Research & Development Centre. Even though an opportunity was given to the appellants they didn’t prove the sale agreement was fraudulent as the onus of proof shifts to them after the defendants proved that there was a sale agreement between them. Since, they have made no trials but sought the similar relief again; the doctrine of res judicata applies. Only because a further prayer had been made in the suit upon amending the plaint, the same by itself didn’t bring about a situational change warranting application of mind afresh by the learned judge, City Civil Court.

Judgment:

The appeal is dismissed with costs stating that the impugned judgment doesn’t suffer from any infirmity.


Case Analysis of Ajay Mohan v. H. N. Rai by Velanati Jyothirmai @ Lex Cliq


Comments

Popular posts from this blog

Concept of constitutionalism

  Concept of constitutionalism Who Started Constitutionalism? John Locke - The English Bill of Rights is a foundational constitutional document that helped inspire the American Bill of Rights. Political theorist  John Locke  played a huge role in cementing the philosophy of constitutionalism.  Constitution is a written law which describes the structure of Government, the rules according to which the Govt. must work and the boundaries within which the Govt. must work. Constitutionalism   can be defined as the doctrine that governs the legitimacy of government action, and it implies something far more important than the idea of legality that requires official conduct to be in accordance with pre-fixed legal rules. Constitution constitution is the document that contains the basic and fundamental law of the nation, setting out the organization of the government and the principles of the society. Basic norm (or law) of the state; System of integration and organi...

business tips

1. Have a clear vision for your business and strive to achieve it. 2. Hire great people and give them ownership in the company. 3. Provide excellent customer service. 4. Establish yourself as an expert in your field. 5. Develop relationships with key suppliers, customers, and partners. 6. Keep track of your finances and invest in marketing and innovation. 7. Utilize digital platforms to reach a larger audience. 8. Take calculated risks and back yourself. 9. Continuously strive to improve your products and services. 10. Make customer satisfaction your priority.

Effects of Non-Registration

 Effects of Non-Registration The Companies Act, 2013 evidently highlights that the main essential for any organization to turn into a company is to get itself registered. A company cannot come into existence until it gets registered. But no such obligation has been imposed for firms by the Indian Partnership Act, 1932. If a firm is not registered it does not cease to be called as a firm, it still exists in the eyes law. Certainly, such a big advantage is not absolute but is subjected to a lot of limitations which we will study further. Non-registration of a firm simply means that the business skips the formalities of incorporation and ceases to exist in the eyes of the law. section 58 of the Indian Partnership Act, 1932 deals with the procedure of incorporation. Likewise, the meaning of non-registration is the exact opposite of registration, meaning when a firm does not go through the procedure of incorporation or start carrying on activities without getting registered. Effects of ...