MARY PUSHPAM vs. TELVI CURUSUMARY AND ORS.,Citation : 2024 (SC) 12
The factual matrix of the case is such that an appellant (Mary Pushpam) instituted a civil suit in 1995 for declaration of possession and permanent injunction against the respondents. Importantly, the basis for filing the suit was that earlier in 1976, the respondents had filed a suit for ejectment of the appellant. However, this first suit (of 1976) was dismissed at all stages starting from the trial court to the High Court vide its order dated March 30, 1990, in the second appeal.
During the proceedings of the second suit i.e, of 1995, respondents prayed for the dismissal of suit. Respondents contended that they owned 8 cents of land. They argued that the first suit filed by them (which was dismissed) was with respect to the constructions raised by the appellant and not with respect to 8 cents of land.
ISSUE: whether the judgment of the High Court in first suit was related to the entire 8 cents of the property or only to the house in a portion of the land in dispute.
The Apex Court pointed out that while deciding the first suit, the High Court at number of places has recorded that the suit property comprised of 8 cents of land. In support of this, the Court reproduced the concerned paras of the High Court judgment. Thus, the Court ruled that interpreting the said judgement which was clear in itself any differently would clearly amount to judicial indiscipline.
Court also briefly touched upon the doctrine of merger. The doctrine is based on the simple reasoning that there cannot be, at the same time, more than one operative order governing the same subject matter. Accordingly, the Court opined that, as per this doctrine, the judgments of the Trial Court and the First Appellate Court from the first suit are absorbed into the previous High Court's judgment dated March 30, 1990.
