Case Background
This case arises out of a long-running land dispute between two families in West Champaran and East Champaran districts. The core dispute is over a piece of land measuring 3 katha 10 dhur which was transferred under a deed dated 07.11.2000.
First, the father of the present respondents (original plaintiff) filed Title Suit No. 75 of 2007 against the husband of petitioner no.1 and father of petitioner nos.2 to 5 (original defendant). He claimed that the deed of 07.11.2000, described as a “Bainama Basart Wapasi”, was not an outright sale but a mortgage by conditional sale. He sought a preliminary decree for accounts and assessment of the amount payable, return of the mortgage deed, repayment of the mortgage money, delivery of the mortgaged property, and then a final decree after settlement of accounts.
According to the original plaintiff, he owned and possessed the schedule land and, being in need of money, agreed to transfer the land for Rs. 30,000/- with a condition that the land would be returned to him on his demand on payment of the same amount. He alleged that no time limit was fixed in the deed for getting back the land, so he could demand reconveyance at any time. On this understanding, he executed the deed on 07.11.2000 and handed over possession to the defendant. He treated this transaction as a mortgage by conditional sale and not as an absolute sale.
The original defendant took a different stand in his written statement. He claimed the deed was an outright sale deed, not a mortgage deed, and therefore the plaintiff had no right to file a redemption suit. During pendency of Title Suit No. 75 of 2007, the defendant informed the court that he had been forcibly dispossessed from the suit land by the plaintiff. The plaintiff admitted before the trial court that the defendant had been dispossessed, and the court started looking into the market price of crops on the land.
While Title Suit No. 75 of 2007 was pending, the present petitioners, who are the legal heirs of the original defendant, filed a separate suit, Title Suit No. 12 of 2015. They claimed that the father of the respondents had executed a sale deed in favour of their predecessor, Virendra (also referred as Birendra) Mishra, on 07.11.2000 and delivered possession to him. On this basis, they asserted title and possession through that sale deed and also argued that since no time limit for re-transfer was fixed, any claim by the other side had become time-barred.
The petitioners further stated that in Title Suit No. 75 of 2007, an ex parte decree had earlier been passed against their predecessor. Misc. Case No. 12 of 2010 was later filed under Order IX Rule 13 CPC and, by order dated 09.11.2014, that ex parte decree was set aside. They alleged that on 09.11.2014, the respondents disturbed their possession, cut the paddy crop from their land and took over the property. According to them, the respondents admitted in court that they had taken possession, and the trial court proceeded to assess the value of the paddy crop.
On these facts, the petitioners filed Title Suit No. 12 of 2015 under Section 6 of the Specific Relief Act for recovery of possession and declaration that the respondents’ possession was illegal. The respondents appeared in that suit and filed a written statement asserting that the petitioners were never in possession and that the deed of 07.11.2000 was a mortgage deed, not a sale deed.
During pendency of Title Suit No. 12 of 2015, the respondents filed an application on 25.05.2016 under Section 10 of the Code of Civil Procedure, seeking stay of the later suit on the ground that the earlier Title Suit No. 75 of 2007, involving the same property and parties, was already pending. The trial court accepted this plea and, by order dated 08.04.2019, stayed further proceedings in Title Suit No. 12 of 2015. That stay order was challenged before the Patna High Court through the present civil miscellaneous petition.
What the Court Examined and Decided
The Patna High Court had to decide whether the trial court was right in staying Title Suit No. 12 of 2015 under Section 10 CPC. The key question was whether the “matter in issue” in the later suit was directly and substantially the same as in the earlier suit.
The petitioners argued that the trial court passed a non-speaking, cryptic order and failed to test whether Section 10 CPC actually applied. They emphasised that Title Suit No. 12 of 2015 was a suit under Section 6 of the Specific Relief Act, which is a special summary remedy focused only on possession and illegal dispossession, not on title or mortgage redemption.
According to them, in the first suit (Title Suit No. 75 of 2007), the respondents (as plaintiffs) had sued for redemption of mortgage, claiming that the deed dated 07.11.2000 was a mortgage by conditional sale, and seeking a declaration to that effect, along with recovery of possession through the court’s process if necessary. However, during the pendency of that suit, the respondents allegedly dispossessed the petitioners. The petitioners said that at that stage they had no effective remedy for immediate restoration of possession in the first suit, which was essentially for redemption and not a simple recovery of possession under Section 6.
They highlighted that a Section 6 suit is independent of questions of title and that the only points to be seen are: whether the plaintiff was in possession and whether he was dispossessed without his consent and otherwise than in due course of law, within six months prior to filing the suit. Even if a plaintiff loses a Section 6 suit, he can still file a separate suit on title, as clearly provided in Section 6(4).
To support their argument, the petitioners relied on:
- The Supreme Court decision in I.T.C. Ltd. vs. Adarsh Coop. Housing Soc. Ltd., (2013) 10 SCC 169, which explained the nature of Section 6 Specific Relief Act proceedings as summary, confined to possession and dispossession within six months, and independent of title.
- The Supreme Court decision in National Institute of Mental Health & Neuro Sciences vs. C. Parameshwara, AIR 2005 SC 242 : 2005 (2) SCC 256, which laid down that Section 10 CPC applies only if the whole subject matter in both suits is identical and that the fundamental test is whether the decision in the earlier suit would operate as res judicata in the subsequent suit.
- A coordinate Bench decision of the Patna High Court in Sampati Devi & Ors. vs. Lalita Devi & Ors., 2016 (4) PLJR 507, which followed the above Supreme Court view.
The respondents defended the trial court’s order. They argued that Title Suit No. 75 of 2007 was a comprehensive redemption suit with reliefs of return of the mortgage deed, repayment, and delivery of possession. They narrated that in that suit an ex parte judgment and decree had initially been passed on 08.09.2009 and 12.09.2009. A Final Decree Case No. 3 of 2009 was filed, and meanwhile the judgment-debtor moved Misc. Case No. 12 of 2010 under Order IX Rule 13 CPC. Both the original plaintiff and defendant died during the pendency of these proceedings and were substituted by their legal heirs.
The respondents claimed that during this process, the decree holder deposited the consideration amount before the trial court and came into absolute possession of the land. Later, on 16.05.2014, the trial court allowed Misc. Case No. 12 of 2010 and set aside the ex parte decree. They submitted that if the redemption suit ultimately succeeded, it would operate as res judicata against the petitioners’ claims in the later suit. They stressed that the parties, property and the main question – whether the deed was a mortgage deed or a sale deed – were the same in both suits. Hence, according to them, all ingredients of Section 10 CPC were satisfied.
In the alternative, they argued that if the High Court disagreed with the stay, it should direct that both suits be amalgamated and tried together under Section 151 CPC to avoid conflicting findings, relying on Manohar Lal Chopra vs. Rai Bahadur Rao Raja Seth Hiralal, AIR 1962 SC 527.
After hearing both sides, the Patna High Court carefully examined Section 10 CPC and the Supreme Court’s interpretation in National Institute of Mental Health & Neuro Sciences vs. C. Parameshwara. The Supreme Court had clearly held that:
- The object of Section 10 is to avoid parallel trials on the same matter in issue and prevent conflicting judgments by courts of concurrent jurisdiction.
- Section 10 applies only where the matter in issue is “directly and substantially” in issue in both suits and the whole subject matter is identical.
- The test is whether a final decision in the earlier suit would operate as res judicata in the later suit.
The High Court then contrasted the nature of the two suits:
Title Suit No. 75 of 2007 was a redemption suit involving determination of whether the deed was a mortgage by conditional sale or an outright sale, settlement of accounts, declaration of rights flowing from that characterization, and consequential possession.
On the other hand, Title Suit No. 12 of 2015 was a Section 6 Specific Relief Act suit, focused solely on whether the petitioners had been in possession and had been illegally dispossessed within six months prior to filing. Section 6 explicitly states that such a suit is independent of title, has to be filed within six months of dispossession, is summary in nature, and no appeal or review lies against the decision, though a separate title suit remains open to any party.
Relying on the Supreme Court’s judgment in I.T.C. Ltd. vs. Adarsh Coop. Housing Soc. Ltd., the High Court reiterated that in a Section 6 suit, the court only decides:
- Was the plaintiff in possession of the disputed property?
- Was he illegally dispossessed within six months prior to filing of the suit?
Title and other complex issues are not adjudicated in such a suit.
The High Court noted that even if the redemption suit (Title Suit No. 75 of 2007) ended in favour of the respondents (plaintiffs there), the petitioners’ claim in the Section 6 suit could fail, and in that sense, one could argue that a stay would be convenient. However, if the redemption suit were decided in favour of the petitioners (defendants there), they would still need a separate proceeding to recover possession, because Section 6 allows an independent remedy for prior dispossession. Moreover, their allegation of illegal dispossession itself required adjudication.
From the pleadings, it was apparent that in Title Suit No. 75 of 2007 the original plaintiff had also sought recovery of possession, and now the respondents claimed they came into possession after the ex parte decree. Whether that possession was lawful or amounted to illegal dispossession of the petitioners was a separate factual issue to be decided under Section 6.
On this reasoning, the High Court held that the subject matter in issue in both suits could not be said to be the same in the sense required by Section 10 CPC. The redemption suit concerns the nature of the deed and rights flowing from it, while the Section 6 suit concerns recent dispossession and immediate restoration of possession, independent of title. Therefore, a decision in the earlier suit would not, by itself, operate as res judicata on the narrow questions to be decided in the later Section 6 suit.
Applying the law laid down in I.T.C. Ltd. vs. Adarsh Coop. Housing Soc. Ltd. and National Institute of Mental Health & Neuro Sciences vs. C. Parameshwara, the High Court concluded that the trial court had committed an error of jurisdiction in staying Title Suit No. 12 of 2015 under Section 10 CPC.
Accordingly, the High Court set aside the impugned order dated 08.04.2019 passed by the Munsif, Narkatiyaganj in Title Suit No. 12 of 2015 and allowed the civil miscellaneous petition.
At the same time, to ensure consistency and convenience, the Court requested the learned Principal District Judge, Bettiah, West Champaran, to entrust both Title Suit No. 75 of 2007 and Title Suit No. 12 of 2015 to the same court. That court has been asked to conduct proceedings in both suits side by side and dispose of them at the earliest.
Why This Judgment Matters
This judgment is important for anyone facing illegal dispossession of land while other title-related cases are pending. The Patna High Court has made it clear that a Section 6 Specific Relief Act suit, which is a quick remedy for restoring possession, cannot be easily blocked just because an old title or mortgage suit is already in court.
The decision emphasises that a person who has been forcibly dispossessed has a separate and independent right to seek immediate restoration of possession within six months, without waiting for the outcome of longer and more complex title or redemption suits.
For litigants, especially in rural land disputes, this means they can use Section 6 to get prompt relief on possession issues, even if earlier suits about the nature of the transaction (sale or mortgage) are still going on. Courts must carefully check whether the “matter in issue” is truly the same before staying a later suit under Section 10 CPC.
The judgment also shows the High Court’s preference for practical solutions. By directing both suits to be tried by the same court, it has sought to reduce conflicting findings and speed up resolution, while still respecting the distinct nature of each proceeding.
Legal Issues and Answers
- Issue: Whether the later suit (Title Suit No. 12 of 2015) under Section 6 of the Specific Relief Act could be stayed under Section 10 CPC because an earlier redemption suit (Title Suit No. 75 of 2007) involving the same land and parties was pending.
Answer: No. The Patna High Court held that the matters in issue in the two suits were not directly and substantially the same. The first suit concerned redemption and the nature of the deed (mortgage or sale), while the later suit under Section 6 was a summary proceeding confined to possession and illegal dispossession. Therefore, Section 10 CPC did not apply, and the stay order was set aside. - Issue: How should the trial of both suits proceed to avoid confusion and delay?
Answer: The Court requested the Principal District Judge, Bettiah, West Champaran, to assign both Title Suit No. 75 of 2007 and Title Suit No. 12 of 2015 to the same court, with a direction that both suits be heard side by side and disposed of at the earliest.
Cases Cited by the Court
- I.T.C. Ltd vs. Adarsh Coop. Housing Soc. Ltd, (2013) 10 SCC 169.
- National Institute of Mental Health & Neuro Sciences vs. C. Parameshwara, AIR 2005 SC 242 : 2005 (2) SCC 256.
- Manohar Lal Chopra vs. Rai Bahadur Rao Raja Seth Hiralal, AIR 1962 SC 527.
- Sampati Devi & Ors. vs. Lalita Devi & Ors., 2016 (4) PLJR 507 (co-ordinate Bench of Patna High Court).
Case Details
Case Number: Civil Miscellaneous Jurisdiction No. 766 of 2019
Case Title: Urmila Mishra & Ors. vs. Lal Babu Thakur & Anr.
Coram: Hon’ble Mr. Justice Arun Kumar Jha
Citation: 2025 (4) PLJR 395
Advocates:
For the petitioners: Mr. Chandra Kant, Advocate; Mr. Sudhanshu Prakash, Advocate; Mr. Navin Kumar, Advocate.
For the respondents: Mr. Shiv Kumar Dwivedy, Advocate.
Nature of the case: Civil miscellaneous petition challenging an order of the trial court under Section 10 CPC staying a later Title Suit No. 12 of 2015 (Section 6 Specific Relief Act suit) in view of the pending earlier Title Suit No. 75 of 2007 (redemption and related reliefs).
Link to the judgment: https://patnahighcourt.gov.in/viewjudgment/NDQjNzY2IzIwMTkjMSNO-M8rkKtkONX4=
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