TMI Blog2017 (4) TMI 1506X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. The 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. 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 r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Shastry filed an appeal before the High Court of Andhra Pradesh which was numbered as CCCA No.14 of 1972. The High Court of Andhra Pradesh while allowing CCCA No.14 of 1972 vide judgment and decree dated 26.10.1976 decreed the suit for specific performance wherein it was held that the suit property was comprised in Survey No.129/68 Paiki and not in Survey Nos.139/51 129/52 and is separate and distinct land. It is pertinent to mention here that the defendant died during pendency of suit and his legal representatives were impleaded in the aforesaid suit, who had earlier raised the objection of different survey numbers. Subsequently, the decree in CCCA No.14 of 1972 came to be amended by the High Court and the judgment debtors were directed to execute the sale deed in favour of the decree holder or his nominee. 3.2. After obtaining the decree V.R.K. Shastry applied for exemption under the ULC Act. The Government of Andhra Pradesh vide G.O.Ms. No.523 dated 26.03.1979 granted exemption in favour of V.R.K. Shastry. Part of said land was purchased by the appellant society and Municipal Corporation of Hyderabad sanctioned layout in File No.45/layout/8/85 in favour of the appellant so ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... imha Reddy filed Writ Petition Nos.11951/2010 and 11869/2010, respectively, before the High Court of Andhra Pradesh for quashing of LGC No.44/2000. The High Court vide impugned common judgment dismissed both the writ petitions and upheld the order passed by the Special Court whereby it was held that LGC No.44/2000 in the Special Court is maintainable. Hence, the present appeals by special leave. 4. After perusing the entire material placed on record before us, we have noticed that High Court had framed two points for consideration, viz., a. Whether the Special Court committed any illegality in taking cognizance of the case under Section 8(1) of the Act? b. Whether LGC pending before the Special Court is liable to be rejected by setting aside the common order dated 30.04.2010 passed in I.A Nos.585/2007 and 216/2010 and allowing the said petitions? We have further noticed that the High Court has answered both the above questions in the negative and observed that entire trial has already been completed except the cross-examination of Mandal Revenue Officer in the said pending LGC. It was further observed that whether filing of LGC is barred by res-judicata or constructive ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce over in respect of the same matter. . (emphasis supplied) 8. To constitute a matter res judicata, as observed by this Court in Syed Mohd. Salie Labbai Vs. Mohd. Hanifa, AIR 1976 SC 1569 = (1976) 4 SCC 780, the following conditions must be proved: (1) that the litigating parties must be the same; (2) that the subject-matter of the suit also must be identical; (3) that the matter must be finally decided between the parties; and (4) that the suit must be decided by a court of competent jurisdiction. In the case of Narayana Prabhu Venkateswara Prabhu Vs. Narayana Prabhu Krishna Prabhu, AIR 1977 SC 1268 = (1977) 2 SCC 181, it was observed by this Court: One of the tests in deciding whether the doctrine of res judicata applies to a particular case or not is to determine whether two inconsistent decrees will come into existence if it is not applied. 9. We have heard the arguments of the learned counsels. Learned counsel for appellant society would argue that the main issue in the present matter is not an inter-se title dispute as none of the other parties are claiming title over Survey No.129/68 Paiki but are only disputing the identity of the suit land. It was further argue ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 Vs. Lourdu Swamy Anr, (2008) 5 SCC 647; Sajjadda Nashin Sayyeed Vs. Musa Dada Bhai Umar, (2000) 3 SCC 350 and Malia Bajrangi dead through LRs Anr. Vs. 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 substantial ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
