In Brief
Jamia Masjid sued to recover possession of a property (alleged to be Wakf property) from defendants who claimed title through the heirs of Abdul Khuddus. The defendants relied on res judicata from three earlier suits. The Supreme Court held that a prima facie finding on title in an earlier representative suit under Section 92 CPC does not operate as conclusive res judicata. The Court clarified that a compromise decree addressing only possession, not title, cannot create estoppel on title. The Court also found that material change in circumstances (statutory notification as Wakf property after the earlier judgment) must be considered. Remitting the case for trial, the Court held the present suit is not barred by res judicata.
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