AIR 2003 SUPREME COURT 649 ::2002 AIR SCW 5315 ::2002 SCFBRC 671 ::(2003) 1 WLC(SC)CVL 121 ::2002 (7) SCC 447 ::2002 (4) RecCivR 512 ::(2002) 6 Scale 485 ::2002 (4) CurCC 43 ::(2003) 2 AllMR 715 (SC) ::2003 (1) ICC 217 ::2003 (95) CutLT 532 ::(2003) 2 Mad LW 13 ::(2002) 3 Ker LT 461 ::2002 (2) RenCR 453 ::2002 (2) RentLR 510 ::(2002) 4 SCJ 318 ::2002 (2) RenCJ 166 ::(2002) 6 Supreme 409 ::2002 (5) SLT 388 ::(2003) 1 AllIndCas 68 (SC) ::2002 (9) SRJ 286 ::(2002) 7 JT 174 (SC) ::2002 (7) JT 174

Supreme Court Of India

(From : Kerala)*

Hon'ble Judge(s): S. S. M. Quadri, S. N. Variava , JJ

Civil P.C. (5 of 1908) , S.11— Kerala Buildings (Lease and Rent Control) Act (2 of 1965) , S.15— Res judicata - Bar to eviction under S. 15 of Rent Control Act - Question as to - Decided at earlier stage of eviction suit - Also allowed to become final - Cannot be reagitated at subsequent stage of suit. The principle of res judicata applies as between two stages in the same litigation so that if an issue has been decided at an earlier stage against a party it cannot be allowed to be reagitated by him at a subsequent stage in the same suit or proceeding. Thus, where the question whether S. 15 of the Act bars the eviction petition, was decided against the tenants by the appellate authority at the earlier stage of suit and it was allowed to become final, it is not open to the tenants to reagitate the same at the subsequent stage of the suit.