INDER SINGH Vs. FINANCIAL COMMISSIONER PUNJAB

JUDGEMENT

(1.) This appeal by special leave arises from the judgment of the Punjab and Haryana High court dated 5/3/1980 made in Civil Writ Petition No. 1592 of 1967.

(2.) The admitted facts are that the appellants/tenants were in possession of the land bearing specified khasra numbers mentioned in the appellate order (the details of which are not in dispute) , admeasuring 190 kanals, 6 marlas in Village Kotrani in Kapurthala District of Punjab. Their application made under Section 22 of the Pepsu Tenancy Agricultural Lands Act, 1955 (13 of 1955 (for short, 'the Act') was rejected by order dated 25/4/1960 on the ground that they did not have possession for 12 years which was confirmed by all the authorities including the High court in the writ petition on 7/9/1964. Subsequently, they made second application on 26/3/1965 for conferment of ownership rights based on tenancy from the respondents, Similarly, the landlord filed an application for reservation of the land for personal cultivation. The authorities have dismissed the application of the landlord for reservation of the land which order became final. The application of the appellants was allowed on 15/12/1965. On appeal, it was confirmed on 22/6/1966. In revision, the Financial Commissioner by order dated 15/6/1967 confirmed the same. In the writ petition, by the impugned judgment the division bench set aside the orders of the authorities on the sole ground that the orders passed on the earlier occasion culminated as res judicata and, therefore the second application under Section 22 is not maintainable.

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