LexNAZIM ALI AND ORS. versus ANJUMAN ISLAMIA CHHATARPUR AND ORS.
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A NAZIM ALI AND ORS. v. ANJUMAN ISLAMIA CHHATARPUR AND ORS. FEBRUARY 10, 1999 B [K. VENKATASWAMI ANDS. RAJENDRA BABU, JJ.] Code of Civil Procedure 1908, s. 11-Res judicata-Earlier suit against Respondents to declare that they were owners of suit land known as 'Badi Takia' decreed by trial court-Respondent No. 1 held to have committed C trespass by keeping their Tazia on suit land-High Court holding mosque on suit land alone to be wakf property and upholding title of appellants to suit land-Supreme Court a/finning decree-Subsequent suit by Respondent No. 1 for declaration that suit land was wakf property dismissed by trial court on ground of res judicata-High Court reversing the trial court and decreeing D suit-Whether subsequent suit baTTed by res judicata-Held, yes. Code of Civil Procedure 1908, s. 11-Res Judicata-Agreement between Appellants and Respondent No. 1 regarding taking out of Tazia from suit land during MuhaTTam-Held earlier proceedings by High Court not to operate as estoppel against appellants as regards their title to suit land-High E Court decreeing subsequent suit by Respondent No. 1 for declaration that suit land is wakf property relying on agreement-Held, on principle of res judicata not open to High Court to re-examine point which stood decided against respondent No. 1. In 1960 the predecessors-in-interest of the appellants filed a suit F against respondent No. 1 for a declaration that they were the pwners of the suit land known as 'Badi Takia'. The Trial Court decreed the suit and held that Respondent No. 1 had committed trespass by keeping their Tazia on the suit land. While upholding this decree, the High Court held that the mosque on the suit land was alone wakf property, which this Court G affirmed. Thereafter Respondent No. 1 filed a suit in 1974 for a declaration that the suit land except for a plot measuring 6' x 6' situate in it was wakf property. The Trial Court dismissed the suit inter alia on the ground that; (i) the Mosque was wakf property by user and not other portions of the H property and the respondents were not the Mutwallis of the suit land and 516 NAZIMALI v. ANJUMAN ISLAMIACHHATARPUR[RAJENDRABABU,J.] 517 therefore, not competent to file the suit and (ii) that the suit was barred A by principle of res judicata by virtue of the decision in the earlier litigation. The appeal filed by the Respondent No. 1 was allowed by the High Court holding that the decision in the earlier suit was not res judicata. The High Court held that by virtue of an agreement executed by their predeces· sors-in-interest in 1953 the appellants were estopped from contending that B the 'Badi Takia' was not wakf property. Allowing the appeal, this Court HELD : 1.1. The findings of the High Court as to the nature of the property having remained unaltered the claim of the respondents in the. C suit being contrary was barred by principles of res judicata. [522-F] 1.2. It was not open to the parties to raise this question once over again particularly when 'Badi Takia' was held to be a vast extent of property in which there was a Mosque which alone was shown to have been D dedicated for purpose of wakf. [521-C] 2. The point concerning the agreement stood decided against the respondents and therefore, on principles of res judicata it was not open to the High Court to re-examine that aspect of the matter and to hold that the same amounted to estoppel. [523-C] E Cl'!IL APPELLATE JURISDICTION : Civil Appeal No. 2943 of 1981. From the Judgment and Order dated 23.9.81 of the Madhya Pradesh High Court in F.A. No. 138 of 1978. F S.K. Mehta for the Appellants. M. Oamaruddin, Mrs. M. Oamaruddin and S. Anam for the Respon- dents. The Judgment of the Court was delivered by RAJENDRA BABU, J. Anjuman Islamia Chhatarpur (Respondent No. 1) filed a suit (Civil Suit No. 2-A of 1974) on the file of the District Judge, Chhatarpur in Madhya Pradesh for declaration that the suit proper- G ty known as 'Badi Takia' described in plaint sketch Ex-P-2 except for a plot H 518 SUPREME COURT REPORTS [1999] 1 S.C.R. A measuring 6" x 6" situate 'in it is wakf. In respect of ilis property there are three rounds of litigation. First of them was brought by Tegh Ali and Wajid Ali by way of a suit filed on April 4, 1959 which was numbered C.S. 28 of 1960 in the court of the Civil Judge, Chhatarpur for declaration, possession and damages B against the respondents on the gro
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