In Brief
Union of India sought to resume government land at Landour Cantonment, Mussoorie held under Old Grant terms, after the occupant Vijay Krishna Uniyal claimed to own it. The occupant sued for permanent injunction, asserting title based on a sale deed. Both trial and appellate courts found the land belonged to the Government and the occupant held only occupancy rights. The High Court dismissed his second appeal but observed the sale deed showed prima facie ownership, permitting him to raise title in eviction proceedings. The Supreme Court held these observations violated res judicata principles since title was directly and substantially decided in the injunction suit. The Court set aside the observations, confirming the Government's ownership and right to resume, and barred re-litigation of the title issue in future proceedings.
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