Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Civil Procedure 1908 – s.11 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Civil Procedure, 1908 (5 of 1908) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908 – s.11 – Res judicata – Appellant-Jama Masjid Gubbi instituted a suit through its president seeking, inter alia, declaration that the State Wakf Board is the owner in possession of the suit property – The defendants (Nos. 2- 4) raised the defence that the suit is barred by res judicata by virtue of decisions in three prior suits – It was stated in their written statement that suit property was a personal property of ‘AK’, predecessor of defendants (Nos. 5-9) and the claim of title of ‘AK’ was adjudicated in the earlier suits – The trial Court framed the issue of res judicata as a preliminary issue and held that the suit was barred by res judicata by virtue of suits instituted earlier – Appeal against the decree of the trial Court was dismissed by the District Court – The High Court held that the suit was not barred by res judicata and remanded the matter to the trial Court – In the SLP against the said judgment, the Supreme Court remanded the matter to the High Court – After remand, the High Court dismissed the appeal and held that the suit was barred by res judicata – On appeal, held: The first suit was instituted u/s.92 of CPC by five residents of the town against ‘AK’, who was managing the mosque – The relief sought, inter alia, was settling a scheme for administration and management of properties of the said mosque – There was no adjudication on whether ‘AK’ had absolute title to the suit property and the matter in issue in the first suit was distinct from issues in the instant suit – In the second suit the relief sought was a declaration that the property constitutes a wakf and a decree of possession of the suit property – The said suit was decreed on the basis of a compromised petition – The compromise was restricted to the issue of the erstwhile lessee handling over the possession of the suit property at the end of lease – The alleged claim of title of ‘AK’ was not adjudicated – The third suit was instituted by the Karnataka Board of wakfs for injunction simpliciter – It was withdrawn after the suit out of which the instant proceeding arises was filed for seeking a substantive declaration and an injunction – No adjudication on the rights of the parties was made in the third suit – The High Court committed error in applying the principle of res judicata – Therefore, the judgment and order of the High Court is set aside. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2021 INSC 528 |
Petitioner | The Jamia Masjid |
Respondent | Sri K V Rudrappa (since Dead) By Lrs. & Ors. |
SCR | [2021] 11 S.C.R. 672 |
Judgement Date | 2021-09-23 |
Case Number | 10946 |
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