Summarize the following court judgment. vil Appeal No. 277 1 of 1981. From the Judgment and Order dated 5.2.1980 of the Andhra Pradesh High Court in S .A. No. 526 of 1977. Jagdish K. Agarwal (N.P.) for the Appellant. A Subba Rao for the Respondents. KANIA	 J. This is an appeal by special leave from the decision of a learned Single Judge of the Andhra Pradesh High Court in Second Appeal No. 526 of 1977. As we are	 with respect	 in agreement with the conclu sions arrived at by the learned Single Judge of the High Court	 we propose to set out only the bare facts essential for the purposes of our judgment. The appellant was the plaintiff and the respondent was the defendant in Suit. O.S. No. 789 of 1973 filed in the Court of the Third Assistant Judge	 City Civil Court	 Hyd erabad. The appellant prayed for a decree for recovery of possession of the suit premises from the respondent and for mesne profits till the delivery of possession of the prem ises. The case of the appellant was that she was the owner of the suit premises and the respondent was in the occupa tion of the said premises on payment of Rs.30 per month. The respondent had been 215 irregular in the payment of the said rent and had been a source of perpetual nuisance. It was on this ground that the eviction of the premises was sought by the appellant. In his written statement the respondent took a preliminary objec tion that the City Civil Court had no jurisdiction to enter tain the suit as the suit fell within the jurisdiction of the Rent Controller at Hyderabad. Two petitions had earlier been filed by the appellant before the Rent Controller for eviction of the respondent and the Rent Controller had rejected the same on the ground that the purported tenancy of the respondent was hit by section 3 of the A.P. Rent Control Act and hence	 the eviction suit was not entertain able by the Court of Rent Controller. This conclusion was arrived at on a plea to the said effect taken by the re spondent. In the Court of learned Third Assistant Judge of the City Civil Court at Hyderabad the respondent took up the plea that the suit fell exclusively within the jurisdiction of the Rent Controller and hence the City Civil Court had no jurisdiction to entertain the suit. Certain pleas were made regarding amendments in the law with which we are not con cerned in this appeal. What is material to note for our purposes is that the learned Assistant Judge took the view that as the respondent had	 before the Rent Controller	 taken up the plea that it was not the Rent Controller but the City Civil Court which had the jurisdiction to entertain the eviction petition against him	 and the said plea was upheld	 it was not open to the respondent to take up the inconsistent plea before the City Civil Court that it was the Rent Controller and not the City Civil Court which had jurisdiction to entertain the proceedings. It was held that the respondent could not be allowed to approbate and repro bate and that he was estopped by way of pleading to take up an inconsistent plea regarding jurisdiction. On the basis of this conclusion	 and other conclusions with which we are not concerned	 the suit was decreed by the learned Assistant Judge in favour of the appellant. The decision of the learned Assistant Judge was upheld in an appeal filed by the respondent in the Court of the learned Additional Chief Judge of the City Civil Court at Hyderabad. On a second appeal preferred by the respondent	 the learned Single Judge of the High Court took the view that in matters of jurisdiction the question of estoppel does not arise. If the City Civil Court has no jurisdiction to entertain the suit	 the doctrine of estoppel could not be invoked so as to confer jurisdiction on the Court of City Civil Court. On the question of jurisdiction the learned Judge took the view that the City Civil Court had no jurisdiction to entertain the suit as it lay exclusively within the jurisdiction of the Rent Controller. 216 Learned counsel for the appellant submitted that the learned Judge of the High Court was in error	as the earlier decisions of the Rent Controller to the effect that it was the City Civil Court and not the Rent Controller who had the jurisdiction to entertain the suit for eviction filed by the appellant against the respondent	 constituted res judicata between the parties on the question of jurisdiction. It was submitted by him that	 even if that decision was wrong	 the issue of jurisdiction was finally decided between the par ties and that decision was that it was the Civil Court and not the Rent Controller that had the jurisdiction to enter tain and dispose of the suit for eviction. He further sub mitted that the respondent could not be permitted to take inconsistent pleas as he was barred by the principles of estoppel from taking up the plea before the Civil Court that it was the Rent Controller who had the exclusive jurisdic tion to entertain the suit. He placed reliance on a decision rendered by a Division Bench comprising two learned Judges of this Court in Avtar Singh and Others vs Jagjit Singh and Another	 ; which took the view that the Civil Court 's decision regarding lack of jurisdiction will operate as res judicata in a subsequent suit. In that case the Civil Court declined jurisdiction. The Civil Court took the view that it had no jurisdiction to try the suit in question and directed the return of the plaint for representation to the appropriate Revenue Court. When the claim was filed in the Revenue Court	 the Court took the view that it had no juris diction to try the claim. Thereupon	 a suit was again insti tuted in the Civil Court for the lame relief. This suit failed throughout on the ground of res judicata. I?he High Court affirmed the dismissal and the Division Bench of this Court took the view that the High Court was right in taking the view hat the principles of res judicata were applicable to the issue of jurisdiction. In our opinion	 the contention of learned counsel for the appellant cannot be upheld. We find that in Mathura Prasad Bajoo Jaiswal and Others vs Dossibai N.B. Jeejeebhoy; 	 at p. 836 a Bench comprising three learned Judges of this Court has taken the view that a decision on the question of jurisdiction of the court or a sure question of law unrelated to the right of the parties to a previous suit	 is not res judicata in the subsequent suit. The Court observed: "It is true that in determining the application of the rule of res judicata the Court is not concerned with the correct ness or otherwise of the earlier judgment. The matter in issue	 if it is one purely of fact	 decided in the earlier proceeding by a competent court must in a subsequent litiga tion between the same parties be regarded as finally decided and cannot be reopened. A mixed question of law and fact determined 217 in the earlier proceeding between the same parties may not	 for the same reason	 be questioned in a subsequent proceed ing between the same parties. But	 where the decision is on a question of law	 i.e. the interpretation of a statute	 it will be res judicata in a subsequent proceeding between the same parties where the cause of action is the same	 for the expression "the matter in issue" in section 11 of the Code of Civil Procedure means the right litigated between the par ties	 i.e. the facts on which the right is claimed or denied and the law applicable to the determination of that issue. Where	 however	 the question is one purely of law and it relates to the jurisdiction of the Court or a decision of the Court sanctioning something which is illegal	 by resort to the rule of res judicata a party affected by the decision will not be precluded from challenging the validity of that order under the rule of res judicata	 for a rule of proce dure cannot supersede the law of the land. " The same view has been reiterated by a Bench comprising three learned Judges of this Court in Sushil Kumar Mehta vs Gobind Ram Bohra (dead) through his Lrs.; 	 We find that the decision of three learned Judges of this Court in Mathurn Prasad Bajoo Jaiswal and Others vs Dossibai N.S. Jeejeebhoy	 has not been noticed at all by the Division Bench comprising two learned Judges of this Court which delivered the judgment in Avtar Singh and Others vs Jagjit Singh and Another	 and hence	 to the extent	 that the judg ment in Avtar Singh 's case takes the view that the principle of res judicata is applicable to an erroneous decision on jurisdiction	 it cannot be regarded as good law. In our opinion a court which has no jurisdiction in law cannot be conferred with the jurisdiction by applying principles of res judicata. It is well settled that there can be no estop pel on a pure question of law and in this case the question of jurisdiction is a pure question of law. In our view	 therefore	 the High Court was	 with re spect	 right in its conclusions arrived at and the appeal must be dismissed. The appeal is dismissed. Looking to the facts and cir cumstances of the case there will be no order as to costs. G.N. Appeal dis missed.

The Respondent landlord filed a suit under the Andhra Pradesh Rent Control Act for recovery of possession and for mesne profits. The apPellant defendant raised a preliminary objection that the City Civil Court had no jurisdiction to entertain the suit. In the two eviction petitions filed earlier by the appellant	 the Respondent took the plea that since the alleged tenancy was hit by Section 3 of the A.P. Rent Control Act	 eviction suit was not entertainable by the Rent Controller. Decreeing the suit in favour of the appellant	 the trial Court held that it was not oPen to the Respondent to take such inconsistent plea regarding jurisdiction; that he cannot be allowed to approbate and reprobate and he was estopped from doing so. On apPeal by respondent	 the deci sion was upheld by the First Appellate Court. On a second apPeal preferred by the respondent	 the High Court reversed the trial court 's order. Aggrieved by the decision of the High Court	 the appel lant preferred this apPeal	 by special leave	 contending that the principles of Res Judicata and estopPel were ap plicable. Dismissing the apPeal	 this Court	 HELD: 1. A court which has no jurisdiction in law cannot be conferred with the jurisdiction by applying principles of res judicata. It is well settled that there can be no estop pel on a pure question of law. [217F] 214 Mahtura Prasad Bajoo Jaiswal and Ors. vs Dossibai N.B. Jeejeebhoy; 	 ; Sushil Kumar Mehta vs Gobind Ram Bohra (dead) thro ' his Lrs.; 	 ; relied on. Avtar Singh and Ors. vs Jagjit Singh and Anr.	 ; ; referred to. In the instant case	 the question of jurisdiction is a pure question of law. The High Court was right in its conclusions that in matters of jurisdiction to entertain the suit	 doctrine of estoppel could not be invoked; and that the City Civil Court had no jurisdiction to entertain the suit	 as it lay exclusively within the jurisdiction of the Rent Controller. [216A B]