Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Res judicata Code of Civil Procedure |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908, s. 11 - Res judicata - Earlier suit against Respondents to declare that they were owners of suit land known as 'Badi Takia' decreed by trial court - Respondent No. 1 held to have committed trespass by keeping their Tazia on suit land - High Court holding mosque on suit land alone to be wakf property and upholding title of appellants to suit land - Supreme Court affirming decree - Subsequent suit by Respondent No. 1 for declaration that suit land was wakf property dismissed by trial court on ground of res judicata - High Court reversing the trial court and decreeing suit - Whether subsequent suit barred by res judicata - Held, yes. Code of Civil Procedure 1908, s. 11 - Res Judicata - Agreement between Appellants and Respondent No. 1 regarding taking out of Tazia from suit land during Muharram - Held earlier proceedings by High Court not to operate as estoppel against appellants as regards their title to suit land - High Court decreeing subsequent suit by Respondent No. 1 for declaration that suit land is wakf property relying on agreement - Held, on principle of res judicata not open to High Court to re-examine point which stood decided against respondent No. 1. |
Judge | Honble Mr. Justice S. Rajendra Babu |
Neutral Citation | 1999 INSC 52 |
Petitioner | Nazim Ali And Ors. |
Respondent | Anjuman Islamia Chhatarpur And Ors. |
SCR | [1999] 1 S.C.R. 516 |
Judgement Date | 1999-02-10 |
Case Number | 2943 |
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