BAWA BHAGWAN DASS Vs. JUG LAL

JUDGEMENT

(1.) In this petition under Article 227 of the Constitution the challenge is to the decision of the Lt. Governor, Delhi, who held that proceedings initiated by the petitioner herein under the provisions of the Punjab Tenancy Act were barred by principles of res judicata.

(2.) Briefly stated, the facts are that the petitioner filed a suit under Section 77(3) (e) and (n) of the Punjab Tenancy Act, 1887 for ejectment of Respondent No. 1 from Killa No. 2, Rectangle No. 43, measuring 4 bighas and 16 biswas situated in Village Daryapur Kalan and also for the recovery of the sum of Rs. 288.00 as arrears of rent for the years 1961-62 to 1963-64. In the said preceedings it was alleged that the land in question was exempted from the operation of the Delhi Land Reforms Act. The petitioner who had filed the proceedings contended that he was the Pujari and Manager of the temple Murti Shri Radha Krishan Ji Bhagwan, Mandir Shri Radha Krishan.

(3.) The respondent, in his reply, raised a preliminary objection. The contention of the respondent was that the petitioner herein had earlier filed a civil suit wherein similar prayers had been made. That suit had been dismissed and, therefore, principles of res judicata applied. In answer to this, the submission of the petitioner herein was that the civil courts had no jurisdiction to try that suit which had been instituted by the petitioner and, therefore, the decision of the civil court was a nullity and as such, the principles of res judicata were not attracted.