Brij Narain Singh vs Adya Prasad (Dead) & Ors

2. The factual position needs to be noted in brief as essentially the pivotal question relates to the applicability of the principle of res judicata.

2.1 One Gajadhar owned several lands situate in the villages of Kurthuwa, Meerapur Siroman, Manapur and Ghuskhuri, as fixed rate tenant, including the suit lands. The fixed rate tenancy of the lands in those villages was mortgaged by Gajadhar. Gajadhar died leaving behind him his widow Sirtaji, who through registered sale deed dated 8.6.1885 sold her right of redemption in regard to those lands to her relative Mata Badal.

2.3. Sirtaji who executed the sale deed on 8.6.1885 in favour of Mata Badal died in the year 1940. On her death, Ganga Prasad and Bhagwati Din (ancestors of Respondents 1 to 6 herein) filed four suits 97 to 100 for partition before the SDC, Machhli Shahar, Jaunpur, claiming that Gajadhar died issueless, that his wife Sirtaji had inherited only a life interest in the lands of her husband Gajadhar in the four villages, and that on her death, the lands of Gajadhar devolved on the near relatives of Gajadhar, namely plaintiffs 1 and 2 and Defendants 1 and 2 in the four suits, who were reversioners in regard to estate of Gajadhar. Suits 97, 98, 99 and 100 respectively related to the lands in the villages of Meerapur Siroman, Kurthuwa, Ghuskhuri and Manapur. Bhagwati Din Singh (father of Appellant) was impleaded as Defendant No.3 in suit no.98, as his father, Bhagwan Din Singh had purchased the right of redemption in respect of the Kurthuwa lands.

5. The Consolidation Officer held that the order dated 5.9.1966 was in respect of other village; and was not concerned with the property in question. He ordered for expunging the name of Bhagwati Din Singh (the original respondent no.3) from basic year entry. Bhagwati Din Singh filed an appeal before the Settlement Officer (Consolidation) who allowed the appeal and held that though the writ petitioners had taken possession on the basis of decree dated 21.6.1945 arising out of Suit No.98, but appeals were filed relating to arising out of Suit Nos.99 and 100 against the judgment dated 20.3.1944 and in those appeals the Additional Commissioner had decided against the writ petitioners on 5.9.1966 and the judgment passed by the trial Court on 20.3.1944 against Bhagwati Din Singh in suit No. 98 shall be deemed to have been set aside and the judgment dated 5.9.1966 passed by the Commissioner shall be deemed to be final. It was held that since the order dated 20.3.1944 was a common judgment, therefore, it shall be deemed to have been set aside in all the suits. He further held that though the possession was delivered on the basis of the order dated 21.6.1945 to the writ petitioners, after the decision dated 5.9.1966, Bhagwati Din Singh had the right to get possession under Section 144 of the Code of Civil Procedure, 1908 (in short 'CPC'). But since the possession is joint, therefore, possession shall not be deemed to have come to an end. A revision petition was filed by the writ petitioners against the judgment before the Deputy Director of Consolidation, who dismissed the same affirming the findings of the Settlement Officer by order dated 28.2.1978.

defendants.

(ii) It must be necessary to decide this conflict in order to give relief to the petitioner.

(iii) The question between the co-respondent must be finally decided.

19. The appeal is without merit and deserves dismissal which we direct. There shall be no order as to costs.