Case: M/S Kaushik Coop.Building Society Vs. N.Parvathamma

Officer v. Goundla Venkaiah & Anr., (2010) 2 SCC 461 , para 20, wherein it was held that the Land Grabbing Act is a self-contained Code which deals with various facets of Land Grabbing and provides for a comprehensive machinery for determination of various issues relating to land grabbing, including the claim of the alleged land grabber that he has a right to occupy the land or that he has acquired title by adverse possession. 14. It was further submitted by the learned counsel that the findings in OS No.29/1965, CCCA No.14/1972 and the E.A. No.14/1995 in E.P. No.20/1995 do not have force so as to attract principles of res judicata as against Abdul Bashisht and his legal heirs and Abdul Rub and his legal heirs. He drew our attention to the relevant part of the order dated 17.04.1970, passed by the learned II Additional Chief Judge in O.S. No.29/1965, which is as follows: 6. Subsequent to the filing of the suit the fourth defendant died and no legal representatives have been brought on record. Hence the suit was abated against the 4th defendant. 15. Learned counsel relied upon the following judgments of this Court: Williams v. Lourdu Swamy & Anr, 2008(3) R.C.R.(Civil) 877 : (2008) 5 SCC 647 ; Sajjadda Nashin Sayyeed v. Musa Dada Bhai Umar, (2000) 3 SCC 350 and Malia Bajrangi dead through LRs & Anr. v. Badri Bai wife of Jagannath & Anr, (2003) 2 SCC 464, wherein scope of Section 11 of the Code of Civil Procedure, 1908 was discussed and it was found that when the matter in issue is substantially different from the previous proceedings, res judicata could not be applied. 16. Learned counsel for respondents (L.Rs. of deceased Md. Moulana) concluded his arguments while submitting that the Special Court and the High Court while appreciating the evidence are per se perverse while relying upon the law laid down by this Court in Shama Prassanth Raji v. Ganapath Rao & Ors., 2000(2) R.C.R.(Rent) 431 : (2000) 7 SCC 522, which is as follows: Undoubtedly, in a proceeding under Articles 226 and 227 of the Constitution the High Court cannot sit in appeal over the findings recorded by a competent Tribunal. The jurisdiction of the High Court, therefore, is supervisory and not appellate. Consequently Article 226 is not intended to enable the High Court to convert itself into a Court of Appeal and examine for itself the correctness of the decision impugned and decide what is the proper view to be taken or order to be made. But notwithstanding the same on a mere perusal of the order of an inferior Tribunal if the High Court comes to a conclusion that such Tribunal has committed manifest error by mis-construing certain documents, or the High Court comes to the conclusion that on the materials it is not possible for a reasonable man to come to a conclusion arrived at by the inferior Tribunal or the inferior Tribunal has ignored to take into consideration certain relevant materials or has taken into consideration certain materials which are not admissible, then the High Court will be fully justified in interfering with the findings of the inferior Tribunal. 17. Before arriving at the conclusion, we would like to emphasize on the ratio of another judgment of this Court in the case of Ramji Gupta & Anr. v. Gopi Krishan Agrawal (dead) & Ors., 2013(2) R.C.R.(Civil) 898 : 2013(3) Recent Apex Judgments (R.A.J.) 270 : (2013) 9 SCC 438, para 15, which reads as follows: In order to operate as res judicata, the finding must be such that it disposes of a matter that is directly and substantially in issue in the former suit, and that the said issue must have been heard and finally decided by the court trying such suit. A matter which is collaterally or incidentally in issue for the purpose of deciding a matter which is directly in issue in the case, cannot be made the basis for a plea of res judicata. 18. We have perused the written notes on arguments of the learned counsels for both the parties and after a punctilious scrutiny of complete record, we are of the considered opinion that it may be true that the Court at initial stage may not enter into the merit of the matter. Its opinion in the nature of things would be a prima facie one. But the Court must also consider that the analogy of res-judicata or of the technical rules of civil procedure is, in cases like the present one, appropriate and the Courts are expected to administer the law so as to effectuate its underlying object. Court shall also bear in mind that the basic character of this principle is public policy and preventive as to give finality to the decision of the Court of competent jurisdiction and prevent further litigation. 19. In our considered opinion, matter in issue in the pending suit before the learned Special Court in LGC No.44/2000 and previous decided suits is not merely identical but very same. Other ingredients of the principle of res-judicata are also fulfilled. Moreover, once identity of the property and the title thereof is finally adjudicated in CCCA No.14/1972, holding that land is situated in Survey No.129/68 Paiki, it operates as res judicata. 20. Judged in this background and the principle set out above, the inevitable conclusion is that both the Special Court and the High Court have committed error in not appreciating the fact that orders, judgments and decrees passed in previously decided land grabbing cases have attained finality, wherein it was reiterated many a times that the appellant society i.e. M/s. Kaushik Coop. Building Society is the owner of the suit property which is comprised of Survey No.129/68 and not in Survey No.129/51 or 129/52 (which has been re-numbered as 327). Thus, in our considered opinion, the approach of the High Court in the impugned order seems to be erroneous. Therefore, the question before us is, thus, answered in negative.

Decision (1 = appeal accepted, 0 = rejected): 1

Explanation:
1[ds]6. The main point revolves around the principles of res-judicata which is neither against public policy nor res-integra to civil procedure prevailing in our country. The doctrine of res judicata is a wholesome one which is applicable not merely to matters governed by the provisions of the Code of Civil Procedure but to all litigations7. The question of res-judicata is not res integra to our judicial system. The rule of res judicata while founded on ancient precedent is dictated by a wisdom which is for all time and that the application of the rule by the Courts should be influenced by no technical considerations of form, but by matter of substance within the limits allowed by law17. Before arriving at the conclusion, we would like to emphasize on the ratio of another judgment of this Court in the case of Ramji Gupta & Anr. v. Gopi Krishan Agrawal (dead) & Ors., 2013(2) R.C.R.(Civil) 898 : 2013(3) Recent Apex Judgments (R.A.J.) 270 : (2013) 9 SCC 438, para 15, which reads as follows:In order to operate as res judicata, the finding must be such that it disposes of a matter that is directly and substantially in issue in the former suit, and that the said issue must have been heard and finally decided by the court trying such suit. A matter which is collaterally or incidentally in issue for the purpose of deciding a matter which is directly in issue in the case, cannot be made the basis for a plea of res judicata18. We have perused the written notes on arguments of the learned counsels for both the parties and after a punctilious scrutiny of complete record, we are of the considered opinion that it may be true that the Court at initial stage may not enter into the merit of the matter. Its opinion in the nature of things would be a prima facie one. But the Court must also consider that the analogy of res-judicata or of the technical rules of civil procedure is, in cases like the present one, appropriate and the Courts are expected to administer the law so as to effectuate its underlying object. Court shall also bear in mind that the basic character of this principle is public policy and preventive as to give finality to the decision of the Court of competent jurisdiction and prevent further litigation19. In our considered opinion, matter in issue in the pending suit before the learned Special Court in LGC No.44/2000 and previous decided suits is not merely identical but very same. Other ingredients of the principle of res-judicata are also fulfilled. Moreover, once identity of the property and the title thereof is finally adjudicated in CCCA No.14/1972, holding that land is situated in Survey No.129/68 Paiki, it operates as res judicata20. Judged in this background and the principle set out above, the inevitable conclusion is that both the Special Court and the High Court have committed error in not appreciating the fact that orders, judgments and decrees passed in previously decided land grabbing cases have attained finality, wherein it was reiterated many a times that the appellant society i.e. M/s. Kaushik Coop. Building Society is the owner of the suit property which is comprised of Survey No.129/68 and not in Survey No.129/51 or 129/52 (which has been re-numbered as 327). Thus, in our considered opinion, the approach of the High Court in the impugned order seems to be erroneous. Therefore, the question before us is, thus, answered in negative