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TMI Blog2005 (4) TMI 594X X X X Extracts X X X X X X X X Extracts X X X X ..... Hirday Ram made a Will dated 1.10.1938 whereby he bequeathed a part of his property to his daughter Tikami and the remaining property was given to his two other wives, named above, for their maintenance with the condition that they would not have the power to alienate the same in any manner. As per the Will, after the death of the above two wives of Hirday Ram, the property was to revert back to his daughter Tikami as absolute owner. 3. After the death of Hirday Ram and his second wife Pari in 1939, the property in question came to be vested with the third wife, Uttamdassi as per the terms of the Will. After the coming into force of the Hindu Succession Act, 1956, Uttamdassi claiming to be the absolute owner sold a part of the property to one Sandup on 28.11.1958 predecessor-in-interest of respondent Nos.1 and 2 herein. The said Sandup mortgaged back the property to Uttamdassi who on 2.12.1958 made a gift of another property in favour of respondent No.3 herein who in turn sold to it respondent No.4. 4. The appellant herein is a daughter of Tikami and granddaughter of Hirday Ram filed a suit challenging the alienation made by Uttamdassi seeking a decree for declaration that the al ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g inter alia that interpretation of Section 14 of the Hindu Succession Act, 1956 was a pure question of law and the earlier decrees obtained on the interpretation of law in the case of Mst. Karmi vs. Amru & Ors. (AIR 1971 SC 745) cannot operate as re judicata in the face of the contrary interpretation put to Section 14 in the later decision of this Court in V. Tulasamma's case (supra). It was also observed that the declaratory decree of 1978 (in the second suit) was given after the interpretation of and declaration of the law ignoring the law laid down by this Court in V. Tulasamma's case (supra). Therefore, these decrees were erroneous on points of law and could not operate as res judicata. It was also held that earlier decree of 1961 also could not operate as res judicata as the same was based on the interpretation and declaration of law given in Karmi's case (supra) which stood superseded by the later judgment in V. Tulasamma's case (supra). 8. The point for our consideration in this case is whether the finding of the High Court in the impugned judgment that the earlier decree obtained by the appellant being declaratory in nature would not operate as res judicat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he provisions of the Punjab Custom (Power to Contest) Act, 1920. Thus in this case of Kesar Singh this Court took somewhat a different view from the law laid down in the earlier case of Teg Singh (supra) but we do not think that it is necessary for us to go into that controversy to decide the issue arising in this appeal before us because the law applicable in those two cases does not apply to the facts of this case. Therefore, we will have to proceed to examine the merits of this case without going into the correctness of the decision in Teg Singh and Kesar Singh (supra). Since the provision of law involved in those case and the present appeal have nothing in common. 11. However, the decision of this Court in the case of Balwant Singh (supra) would have a bearing on the merits of this case wherein it is held that suit for possession would not be maintainable on the basis of a declaratory decree as the declaratory decree did not convey any title in favour of the reversioners. This was a case under the Hindu Law wherein the widow of the original owner in the year 1954 made a gift and got the land mutated in favour of her adopted sons. The reversioners filed a suit seeking a decree ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... #39;s case (supra). It is obvious that the matter in issue in a subsequent proceeding is not the same as in the previous proceeding, because the law interpreted is different." 14. It is to be noticed that in the present case when the first declaratory decree was obtained, the law as it stood then right of Uttamdassi remained a limited right, in the suit property hence, a declaratory decree was given in favour of the plaintiffs in that suit, but by the time the second declaratory decree was obtained by the appellant herein, this Court by the judgment in V. Thulasamma's case had declared the law under Section 14 of the Hindu Succession Act holding that the estate of persons similarly situated as Uttamdassi got enlarged and a beneficiary under a Will with limited rights became the absolute owner of the same. Since the judgment of this Court in Tulasamma's case was the law on that date and is the law currently, the second declaratory decree was contrary to the said declaration of law made by this Court. Therefore, that declaration cannot be of any use to the appellant. In view of the law laid down by this Court in Mathura Prasad's case (supra) as extracted herein above. 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arlier decision of the High Court in Rajesh Garg vs. Management of Punjab State Tube-well Corporation Limited & Anr. [1984 (3) SLR 397] but failed to consider the question having regard to the pronouncements of this Court including H.R. Adyanthaya (supra), Rajesh Garg (supra) was rendered following S.K.Verma (supra), which being not a good law could not have been the basis therefor. The Principle of res judicata belongs to the domain of procedure. When the decision relates to the jurisdiction of a court to try an earlier proceedings, the principle of res judicata would not come into play. [See : Mathura Prasad Bajoo Jaiswal (supra)]. An identical question came up for consideration before this Court in Ashok Leyland Ltd. vs. State of Tamil Nadu and Another [(2004) 3 SCC 1] wherein it was observed: "The principle of res judicata is a procedural provision. A jurisdictional question if wrongly decided would not attract the principle of res judicata. When an order is passed without jurisdiction, the same becomes a nullity. When an order is a nullity, it cannot be supported by invoking the procedural principles like, estoppel, waiver or res judicata." It would, therefore, be not cor ..... 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