https://www.taxtmi.com/caselaws?id=307143 A later comprehensive suit is barred by res judicata only if an earlier representative proceeding finally and necessarily decided the same title issue. A prima facie observation on ownership in the first suit was not a final adjudication, so res judicata did not apply. A compromise decree in the second suit did not create estoppel by conduct because it was confined to possession and lease arrangements and did not abandon title. A withdrawn injunction suit, with no adjudication on rights, also did not bar the claim. The appeal succeeded, the dismissal was set aside, and the suit was restored for trial. en-us Thu, 23 Sep 2021 00:00:00 +0530 Tue, 17 Dec 2024 15:21:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=307143 A later comprehensive suit is barred by res judicata only if an earlier representative proceeding finally and necessarily decided the same title issue. A prima facie observation on ownership in the first suit was not a final adjudication, so res judicata did not apply. A compromise decree in the second suit did not create estoppel by conduct because it was confined to possession and lease arrangements and did not abandon title. A withdrawn injunction suit, with no adjudication on rights, also did not bar the claim. The appeal succeeded, the dismissal was set aside, and the suit was restored for trial. Case-Laws Indian Laws Thu, 23 Sep 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=307143