9911796707
TMI Blog2009 (1) TMI 837X X X X Extracts X X X X X X X X Extracts X X X X ..... e. On or about 6.5.1982, he executed a general power of attorney appointing (1) Balu Singh s/o Talok Singh (Nabardar), (2) Harbans Singh s/o Ram Singh; and (3) Sant Nand Kaur widow of Jagat Singh as his attorneys in terms whereof they were conferred the powers to manage the whole of the property of the said Gurudwara. Clauses (3) and (4) of the said power of attorney read as under: "(3) If any member out of these members dies then can elect another member with the acceptance of majority. The elected member will have same rights as these members have. I and the alone general power of attorney holders will act for Gurudwara with the acceptance of majority. (4) After my death the rights given by me to the alone said member will remain with t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ttee from interfering with the possession, management and control of the respondent over the land of the said Gurudwara, and consequently the suit filed by the Managing Committee was dismissed with costs. 6. Appellant herein and the Managing Committee of the said Gurudwara preferred appeals thereagainst. 7. The learned Additional District Judge by a judgment and order dated 16.7.2003 held that the possession of the suit land as also the management of affairs of the said Gurudwara had vested in Sant Hari Singh, the respondent herein, in his capacity of a Mohtmim, and, thus, affirmed the decree for grant of permanent injunction passed by the learned trial court. The learned Additional District Judge furthermore opined that the revenue recor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nected suit. In these circumstances, it has to be taken that the findings recorded by the learned trial court as well first appellate court in the suit filed by the Managing Committee and others have attained finality and Hari Singh has been held to be in possession, control and management of the Gurudwara and its property. Since the findings recorded in other suit have attained finality, therefore, the appellants in the present appeal cannot be heard (sic) to claim that the judgments and decree of the courts below are erroneous in any manner." 10. Mr. B.S. Chahar, learned Senior Counsel appearing on behalf of the appellants would contend that the principles of res judicata is not applicable in the instant case as in the suit filed by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , it is binding on the appellants also. Appellants, therefore, in law, were required to prefer another Second Appeal against the judgment and decree passed in the said suit. The principle of res judicata in the aforementioned fact situation, in our opinion, has rightly been applied by the High Court. 14. Section 11 of the Code of Civil Procedure reads thus: "Section 11 - Res judicata.-- No Court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties, or between parties under whom they or any of them claim, litigating under the same title, in a Court competent to try such subsequent suit or the suit in which such issue has be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the finding about his holding an office of profit, in the present appeal, which is founded on the contention that that finding is incorrect." In Union of India vs.V. Pundarikakshudu & sons & anr. [(2003) 8 SCC 168], this Court held: "31. In this case the District Judge as also the High Court of Madras clearly held that the award cannot be sustained having regard to the inherent inconsistency contained therein. The arbitrator, as has been correctly held by the District Judge and the High Court, committed a legal misconduct in arriving at an inconsistent finding as regards breach of the contract on the part of one party or the other. Once the arbitrator had granted damages to the first respondent which could be granted only on a finding tha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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