In Brief
Har Narayan Tewari sought a declaration of title over 0.30 acres of land in village Ramgarh, claiming it was settled to him by the Raja in 1942. The Cantonment Board challenged the suit, arguing it was barred by res judicata based on an earlier case brought by Maharani (wife of the Raja) against multiple defendants. The Supreme Court held that res judicata does not apply because the earlier suit involved a different claim over a larger estate and never adjudicated the co-defendants' inter se rights. The Court found no conflict of interest between the plaintiff-appellant and the Cantonment Board in the earlier suit. On the merits, the plaintiff proved his settlement through unconfronted documentary evidence including Amin report, Hukumnama, rent receipts, and revenue records. The Court restored the trial court's decree in the plaintiff's favour.
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