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TMI Blog2016 (5) TMI 1467X X X X Extracts X X X X X X X X Extracts X X X X ..... ication and remand which is under challenge. The relevant facts necessary for understanding the subject matter of the dispute between the parties including the main issue, of res judicata are clear from the facts noted by the High Court in paragraph 3 and 4 of the impugned judgment. They are as follows: "3. The dispute relates to the land of khatas 1, 3, 4 and 5 of village Sarai Aziz, talluka Harikishun, tahsil Phoolpur, district Allahabad, which were recorded in the names of the respondents, in basic consolidation record. The consolidation was started in the year 2000, in the village. Raj Nath Dubey (petitioner-1) filed an objection (registered as Case No. 18/19) for recording his name over 1/2 share of the disputed land, along with the respondents. It has been stated by the petitioner that the land in dispute was the property of Kishun, who had five sons namely, Bechai, Kanhai, Bindra, Pancham and Sheetal. Bindra, Pancham and Sheetal died issueless and the properties of Kishun was inherited by Bechai and Kanhai alone. The respondents are sons/grandsons of Bechai and the petitioners are sons of Kanhai as such they have 1/2 share in the land in dispute. Assistant Consolidation O ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er judgment had become final at the revisional stage and hence it would operate as res judicata against the writ petitioners whose claim of being heirs of Kanhai had been decided against them in the previous proceeding. Thus, issue no. 3 was decided against the writ petitioners leading to rejection of their objection on 1.12.2012. The appeal as well as revision petition preferred by the writ petitioners did not find favour in the light of the findings in the judgments rendered in the earlier proceedings that Kanhai was unmarried; Jagannath, Amar Nath and Raj Nath were his illegitimate sons from Smt. Ram Pyari and hence were not his heirs. The appellate order dated 6.3.2013 and revisional order dated 23.5.2013 along with the order of the Consolidation Officer dated 1.12.2012 which were under challenge before the Writ Court were scrutinized by the Writ Court with care in the light of submissions advanced by the rival parties. The stand of the writ petitioners in course of arguments was that the judgments rendered in the previous proceedings would operate as res judicata in respect of issues of facts alone but not in respect of a pure issue of law as to whether as illegitimate sons o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with the family from the time of Kishun father of Bechai and Kanhai. The Writ Court accepted the submission advanced on behalf of appellants that as per settled law, the principles of res judicata, constructive res judicata and estoppel are applicable to the proceedings under the Act. The Writ Court, however made a distinction between binding nature of even an erroneous judgment between the same parties in respect of same property and the binding nature of such judgment in another proceeding as res judicata when the subsequent proceeding or suit is for a different property. For this purpose it noticed paragraph 10 of the judgment in case of Mathura Prasad Sarjoo Jaiswal (supra). Paragraph 10 is as follows: "10. It is true that in determining the application of the rule of res judicata the Court is not concerned with the correctness 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 litigation between the same parties be regarded as finally decided and cannot be reopened. A mixed question of law and fact determined in the earlier proceeding between the same parties may ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nsel appearing for the appellants has submitted that concurrent findings of Consolidation Authorities should not have been interfered with by the High Court and that the High Court has erred in holding that the previous judgments though in respect of another property would not operate as res judicata in respect of pure question of law in a subsequent proceeding between the same parties. Appellants have also filed written notes in support of their submissions and have relied upon following judgments: (1) Mohanlal Goenka v. Benoy Kishna Mukherjee[AIR 1953 SC 65] and particularly on the following passage in paragraph 23: "23. There is ample authority for the proposition that even an erroneous decision on a question of law operates as 'res judicata' between the parties to it. The correctness or otherwise of a judicial decision has no bearing upon the question whether or not it operates as 'res judicata." (2) State of West Bengal v. Hemant Kumar Bhattacharjee[AIR 1966 SC 1061] and particularly on the following extract from paragraph 14: "14. .........A wrong decision by a court having jurisdiction is as much binding between the parties as a right one and may be superseded only b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der any of them and seek to litigate under the same title. The aforesaid decisions relied upon by the appellants, in our view do not distract from the reasoning and correctness of the findings given by the High Court that previous proceedings would operate as res judicata only in respect of issues of facts and not on issues of pure questions of law when the subsequent suit or proceeding is based upon a different cause of action and in respect of different property though between the same parties. We are in agreement with the views of the High Court and hence do not deem it necessary to go into further details of the legal concept of res judicata and estoppel. It is sufficient to indicate that once a judgment in a former suit or proceeding acquires finality, it binds the parties totally and completely on all issues relating to the subject matter of the suit or proceeding. This flows from Section 11 of the CPC which in turn is based upon ancient doctrines embodied in every civilized system of jurisprudence with almost universal application that an earlier adjudication between the same parties is conclusive in respect of the same subject matter. The Latin maxims relevant for explainin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd held by this Court in the case of Mathura Prasad Sarjoo Jaiswal (supra), where the decision is on a pure question of law then a Court cannot be precluded from deciding such question of law differently. Such bar cannot be invoked either on principle of equity or estoppel. No equitable principle or estoppel can impede powers of the Court to determine an issue of law correctly in a subsequent suit which relates to another property founded upon a different cause of action though parties may be same. As explained earlier, in such a situation the principle of res judicata is, strictly speaking, not applicable at all. So far as principle of estoppel is concerned, it operates against the party and not the Court and hence nothing comes in the way of a competent court in such a situation to decide a pure question of law differently if it is so warranted. The issues of facts once finally determined will however, stare at the parties and bind them on account of earlier judgments or for any other good reason where equitable principles of estoppel are attracted. In view of the discussion made above we find no merit in the appeals which are therefore dismissed. In the peculiar facts of the cas ..... X X X X Extracts X X X X X X X X Extracts X X X X
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