BHAGABAN BEHERA Vs. DHIRAJ KUMAR SIVJEE AND ORS.

JUDGEMENT

(1.) THIS second appeal is against the confirming judgments of the Courts below dismissing the plaintiff's suit for declaration of his tenancy right and possession in respect of the suit premises. Despite lot of litigations between the parties since 1946. the real title holders nor their transferees have enjoyed the property till now. The present suit is also connected so far as it relates to possession of the premises in question. Considering that a long prelude about the background of the case would burden the Judgment with details which are felt unnecessary for disposal of the second appeal, t proceed to give only the relevant fact of the case as follows:

(2.) TO start with, the second appeal has been admitted on two grounds as detailed below :

(3.) I may appropriately point out the decision of the apex Court in the case of Gulabchand v. State of Gujarat, reported in wherein the majority view laid down that the provision of Section 11, CPC are not exhaustive with respect to an earlier decision operating as res judicata between the same parties on the same matter in controversy in a subsequent regular suit and on the general principle of res judicata, any previous decision on a matter in controversy, decided after full contest or after affording fair opportunity to the parties to prove their case by a Court competent to decide it, will operate as res judicata in a subsequent regular suit. It was further held that the nature of the former proceeding is immaterial'.