Whether principle of res-judicata is applicable to the facts and circumstances of this case, is the question involved herein. - Apex 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.- 2015 S.C.(2008) MSKLAWREPORTS



"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.
 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.-2015 S.C.(2008) MSKLAWREPORTS

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