BEGUM SURAIY A RASHID & Ors. v. STATE OF MADHYA PRADESH & Ors.

Appellants contended that the present proceedings revolve around decree of Jagir Commissioner dated 2-3-1954 and were barred by principle of res-judicata., especially as that decree had been affirmed by High Court B and Supreme Court. RespoTitdent Government contended that the decree of the Jagir Commissioner did not include the area of the land in the present dispute. Dismissing the appeal, the Court C HELD: 1. From the order of the Jagir Commissioner it is clear that the land involved in that earlier suit was in Khasara Nos. 72/1, 73, 74, 75 and 76 in village Dharampuri and the area of land is 7.26 acres. Undisputedly, the land involved in the present dispute relates to Khasra Nos. 943, 960, 961 and 962 of Jahangirabad area of Bhopal city measuring D 59.17 acres. While it is true that tin issue No. 9 in the said suit reference was made to the order passed by the Jagir Commissioner on 2-3-1954 which was decided was not covered by the Jagir Commissioner's order dated 2-3-1954. The land in the present dispute is distinctly different from the point of view of the location of the land and Khasra Nos. from the subject matter of earlier suit. Therefore, by no stretch of imagination, it E can be said that the present dispute is hit by the principle of res-judicata in view of the decision rendered in Civil Suit No. 180-A/84, whic_h has attained finality. [384-C-F)