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Head Note

The Code of Civil Procedure, 1908  - Order XII Rule (6)

Judgment on admission - Question of ownership already decided in the earlier suit filed by the defendant/ appellant - The said issue need not have to be decided afresh and hence on the basis of the finding of ownership decided in favour of the plaintiff/respondent, the suit has to be decreed so far as the recovery of possession is concerned - Entitlement of the plaintiff/respondent to claim a decree for recovery of a sum of Rs. 5,55,000/- and future damages @ Rs.15,000/- per month, admittedly this question has not been decided either in the earlier suit or in this suit - The Court did not think it proper to again remand the matter to the trial court for deciding the issue as to the quantum of damages the respondent is entitled to get from the appellant for his unauthorized possession of the suit property - Order passed by the High Court not interfered with.

Topic(s)-Judgment on admission