In Brief
The Supreme Court allowed a civil appeal by the Jamia Masjid against a High Court judgment that had dismissed a suit for declaration and possession of a Wakf property on grounds of res judicata. The Court examined three earlier suits filed regarding the same property and held that none of them barred the present suit: the first suit under Section 92 CPC (for settling administration of the mosque) had made only a prima facie finding, not a conclusive determination of absolute title; the second suit ended in a compromise addressing only possession and lease matters, not title; and the third suit was merely for injunction without adjudication on merits. The Court also noted that the property's subsequent notification as Wakf property in 1965 constituted a material change in circumstances. The appeal was allowed and the suit restored for trial within one year.
The lawyer headnote and full judgment text are available to registered users.