LAW FOR ALL

DECLARATION & POSSESSION, NO RESJUDICATE = Declaration of Title & Possession = basing of payment receipt for allotment of building for suit site, earlier Mortgage deed in society and discharge receipt, no due certificate = Dismissal of previous injunction suit not operate as resjudicate = "12. As a matter of fact even such an issue was not framed. The High Court, therefore, in our opinion posed unto itself a wrong question. In a suit for permanent injunction, the Court had rightly proceeded on the basis that on the date of the institution of the suit, the first respondent was in possession of the disputed land or not. It was not required to enter into any other question. It, in fact did not. 13. It is one thing to say that a person is in possession of the land in suit and it is another thing to say that he has a right to possess." The Supreme Court held finally that in such a situation, the previous judgment in permanent injunction suit will not be a bar for declaration of title and recovery of possession. ;Simply because the plaintiff who is working in the Indian Railways at a very long distant place and allowed the defendant who is his own brother to reside in the suit property, the defendant cannot claim right or title for the suit property to himself. ;plaintiff though did not file proceedings of the Government allotting the suit house to him, the plaintiff has filed Exs.A.1 to A.4 to show that the suit house was allotted to him by the Society and that the suit house is registered in his name in municipal records and he paid taxes therefor. ;Exs.B.6 to B.8 ration card and identity cards of the defendant and his wife show the defendant's residence in the suit house. They will not clothe the defendant with any right or title to the schedule property.