lsquo A rsquo Claiming himself to be the owner of the property files a suit for eviction against th...........

Civil Procedure Code (CPC) 1908 Claims

‘A’ Claiming himself to be the owner of the property files a suit for eviction against the tenant ‘B’ and the sub-tenant ‘C’, which was decreed ex-parte by the Small Cause Court. Thereafter, the sub-tenant ‘C’ files a suit in the Civil Court on the basis of title. ‘A’ pleaded that the subsequent suit is barred by the res-judicata Find out the correct answer -

The doctrine of Res-Judicata will apply

The doctrine of Res-Judicata will not apply

The finding regarding the ownership of ‘A’ will not operate res-judicata inasmuch as the title to the property was not directly and substantially in issue in the former suit.

The finding regarding the ownership of ‘A’ will operate res-judicata inasmuch as the title to the property was directly and substantially in issue in the former suit.

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