BRIJ NARAIN SINGH Vs. ADYA PRASAD

JUDGEMENT

(1.) Challenge in this appeal is to the order passed by a learned Single Judge of the Allahabad High Court allowing the writ petition filed by the respondents. The writ petitioners had questioned order dated 24.2.1973 passed by the Assistant Settlement Officer, Consolidation, Jaunpur and the order dated 28.2.1978 passed by the Deputy Director, Consolidation Jaunpur who were the respondents 1 and 2 in the writ petition.

(2.) The factual position needs to be noted in brief as essentially the pivotal question relates to the applicability of the principle of res judicata.

(3.) The resultant position was that there was two diverse decisions in regard to the same sale deed dated 8.6.1885. The first in regard to Kurthuwa village lands in Suit No.98 (purchased by Bhagwan Din Singh) where it was held that the sale by Sirtaji in favour of Mata Badal on 8.6.1885 was not for legal necessity, that Mata Badal, a relative of her late husband by taking undue advantage of her young age had obtained the said sale deed from Sirtaji, and therefore, on her death, the reversioners of her husband's estate namely plaintiffs 1 & 2 (Bhagwan Din Singh and Ganga Prasad) and defendants 1 & 2 (Raj Narain and Chandar Bata) were entitled to the lands. Consequently, sales by persons claiming through Mata Badal did not have any title after the death of Sirtaji in the year 1940. On the other hand, the second decision, relating to Ghuskhuri and Manapur villages, in suit nos. 99 and 100, it was held that the sale by Sirtaji under deed dated 8.6.1885 in favour of Mata Badal was for legal necessity and therefore, Mata Badal got valid title and consequently, the sale deeds executed by persons claiming through Mata Badal were valid, and the suits filed by persons claiming to be reversioners in respect of the estate of Gajadhar did not have any right, title or interests in the lands sold by Sirtaji.