The decision of a previous suit operates as res judicata in a subsequent suit only if the issue in the subsequent suit is directly and substantially the same as the issue in the previous suit.

JUDGMENT-This appeal involves a question whether the Maroti Deosthan of village Saori in Sakoli tahsil, district Bhandara is or is not a public trust. The question arises in the following circumstances. The plaintiff Daulat Pandurang claims the Maroti Deosthan to be his private property. It appears that the people of the village filed an application before the Registrar under the old M. P. Public Trusts Act, 1951, claiming that the Deosthan is a public trust. This application was opposed by the plaintiff Daulat before the Registrar. At first enquiries were made by the Sub-Divisional Officer Sakoli and he held that the Maroti Deosthan was not a public trust. That decision of the Sub-Divisional Officer was set aside by the Registrar of the Public Trusts, Bhandara, who held that the Maroti Deosthan was a public trust. The plaintiff being aggrieved by this order passed by the Registrar of Public Trusts on 8-3-1960, filed a suit in the Court of the Civil Judge (Senior Division), Bhandara, against the Registrar of Public Trusts Bhandara, as well as the defendants 2 to 7, who were appointed as trustees by the Registrar. He claimed a declaration that the finding of the Registrar that the Maroti Deosthan is not a private trust ,",as not proper. He wanted a declaration that this Deosthan was a private institution belonging to the plaintiffs family. The defendants, according to the plaintiff, had, therefore, no right as trustees appointed by the Registrar to interfere with his management.

2. The defendants opposed the contention of the plaintiff and claimed the property as a public trust.

3. The learned Civil Judge had framed a number of issues. The first is me was whether the Deosthan was a family deity or whether it was a public trust. He had also framed another issue because of the plea taken by the plaintiff. He had pleaded that because the defendants 2 to 6 along with the other three persons had destroyed the boundaries of S. No. 15 and caused damages, the plaintiff had to file a suit in the Court of the Civil Judge (Junior Division), Sakoli for damages and for injunction. According to the plaintiff, an issue was framed there and it was whether the plaintiff proves his ownership to the suit land and that issue was decided in his favour. He, therefore, pleaded that the decision in that civil suit No. 11-A of 1959, decided on 16-2-1960, operated as res judicata in this suit. The learned Civil Judge, therefore, framed also an issue as to whether the decision in Civil Suit No. II-A of 1959 operated as res judicata. He finally held that the Deosthan was a public trust. The decision in Civil Suit No. II-A of 1959, according to him, also did not operate as res judicata because the present suit filed by the plaintiff was under section 8 of the M. P. Public Trusts Act, and therefore, that was a special remedy given to the plaintiff. According to him, the decision given by the Registrar that the Deosthan was a public trust was final and conclusive subject to the result of any suit filed by the plaintiff. According to him, therefore, the previous decision agains in Civil Suit No. II-A /1959 did not operate as res judicata. Accordingly, therefore, he dismissed the plaintiffs suit. This decree, therefore, was challenged by the plaintiff.

4. The learned Assistant Judge, Bhandara, heard the appeal and held that the Deosthan was a private property. He also held that the decision in Civil Suit No. 11-A /1959 operated as res judicata because, according to him, section 8 of the M. P. Public Trusts Act had no relevance in so far as the principle of res judicata was concerned. He found that an issue on the fact whether

the Maroti Deosthan was private or public trust was framed by the trial Judge in the previous suit, that that issue was decided in plaintiffs favour; that because that matter about the nature of Deosthan was directly in issue in that suit, the decision in that suit operationed as res judicata He thus allowed the appeal. Therefore, this d

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