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In a suit for declaration of title albeit a property, ‘A’ gets a decree against ‘B’ and that decree is binding between ‘A’ and ‘B’; subsequently litigation ensues between ‘A’ and a third-party i.e. ‘C’, where both ‘A’ and ‘C’ assert their title to the property and seek declaration albeit the title of the property. Here,
it is not essential that the title which ‘A’ has obtained against ‘B’ earlier will be binding against ‘C’ also. The earlier decree was a decree in personam and was binding between ‘A’ and ‘B’ only; in the subsequent suit between ‘A’ and ‘C’, ‘C’ may prove a better title and decree may go in his favour
Also, if ‘C’ is able to prove the Will of ‘A’s’ father in his favour, then the decree will go in the favour of ‘C’, there by ousting ‘A’.
Both a and b
C cannot prove a better title than A in any case
Section 34 - a. In a suit for declaration of title albeit a property, ‘A’ gets a decree against ‘B’ and that decree is binding between ‘A’ and ‘B’; subsequently litigation ensues between ‘A’ and a third-party i.e. ‘C’, where both ‘A’ and ‘C’ assert their title to the property and seek declaration albeit the title of the property; here it is not essential that the title which ‘A’ has obtained against ‘B’ earlier will be binding against ‘C’ also. The earlier decree was a decree in personam and was binding between ‘A’ and ‘B’ only; in the subsequent suit between ‘A’ and ‘C’, ‘C’ may prove a better title and decree may go in his favour; for example, if ‘C’ is able to prove the Will of ‘A’s’ father in his favour, then the decree will go in the favour of ‘C’, there by ousting ‘A’.
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