IMPORTANT POINTS
Previous proceedings would operate as res judicata only in respect of issues of facts and not on issues of pure questions of law.
In case of a subsequent suit or proceeding based upon a different cause of action, in respect of different property though between the same parties, res judicata would not be attracted.
Subsequent court is competent to decide a pure question of law differently from a previous court.

JUDGMENT :

Shiva Kirti Singh, J.

1. The appellants were successful before all the Consolidation Authorities, the Consolidation Officer, Settlement Officer Consolidation and Deputy Director of Consolidation whose orders passed in title proceedings, under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as “the Act”) were challenged by the nonofficial respondents/writ petitioners by preferring Writ B No. 46506 of 2013 and the same has been allowed by the judgment and order under appeal dated 8.11.2013 passed by a learned Single Judge of the High Court of Judicature at Allahabad.

2. High Court has, at the outset recorded in the judgment that there is no factual controversy in the writ proceedings and on that account the respondents chose not to file counter affidavit. With the consent of the parties the arguments were heard at the admission stage leading to final adjudication and remand which is under challenge.

3. The relevant facts necessary for understanding the subject matter of the dispute between the parties including the main issue, of res judicata are clear from the facts noted by the High Court in paragraph 3 and 4 of the impugned judgment. They are as follows:

“3. The dispute relates to the land of khatas 1, 3, 4 and 5 of village Sarai Aziz, talluka Harikishun, tahsil Phoolpur, district Allahabad, which were recorded in the names of the respondents, in basic consolidation record. The consolidation was started in the year 2000, in the village. Raj Nath Dubey (petitioner-1) filed an objection (registered as Case No. 18/19) for recording his name over 1/2 share of the disputed land, along with the respondents. It has been stated by the petitioner that the land in dispute was the property of Kishun, who had five sons namely, Bechai, Kanhai, Bindra, Pancham and Sheetal. Bindra, Pancham and Sheetal died issueless and the properties of Kishun was inherited by Bechai and Kanhai alone. The respondents are sons/grandsons of Bechai and the petitioners are sons of Kanhai as such they have 1/2 share in the land in dispute. Assistant Consolidation Officer, by order dated 22.02.2001, referred the dispute to the Consolidation Officer for decision on merits. Later on, Amar Nath Dubey (petitioner-2) filed an application dated 03.03.2001, alleging therein that his father Kanhai had three sons namely Jagannath, Amar Nath and Raj Nath, who jointly inherited Kanhai. He had also filed an objection in respect of the disputed land, before Assistant Consolidation Officer but the same was misplaced as such he may be impleaded as an objector in the objection of Raj Nath Dubey. The impleadment application moved by Amar Nath Dubey was allowed.

4. The respondents contested the objection on the grounds that Kanhai son of Kishun was unmarried and died issueless. His share in the land in dispute was inherited by them, who are sons/grand sons of Bechai, his brother. The petitioners were not the sons of Kanhai. They earlier filed an objection during consolidation, in respect of the land of village Chak Nuruddinpur alias Nagdilpur, pargana Sikandara, district Allahabad, in which it has been held that Jagannath, Amar Nath and Raj Nath were born to Smt. Ram Pyari due to her illegitimate relations with Kanhai and they being illegitimate sons, not entitled to inherit Kanhai. It was also held that the respondents were the heirs of Kanhai. The judgments of consolidation authorities in the previous proceedings operate as res-judicata between the parties and the objection of the petitioners was liable to be dismissed on this ground alone. On the basis of the pleadings of the parties, the Consolidation Officer, framed issues on 30.04.2005. Issue No. 3 was framed as to whether the objection of the petitioners, claiming share of Kanhai, alleging themselves as his sons, is barred by res-judicata?”

4. The issue no. 3, as noticed above by the High Court, was raised by the respondents before the High Court who are appellants herein. It was on their application