AMAR SINGH Vs. DALIP

JUDGEMENT

(1.) The following question of law was referred by me in R. S. As. Nos. 1821 and 1822 of 1978 to a larger Bench as the correctness of several decisions of this Court was challenged on the basis of a number of supreme Court cases. "Whether the decision of Rent Controller under the rent control laws or a Revenue Court under Section 77 of the Punjab Tenancy Act upon the relationship of landlord and tenant between the parties operates as res judicial and is not open to challenge in a subsequent suit or in other collateral proceedings between the parties?

(2.) The brief facts giving rise to the present controversy are that the appellants filed a suit in the Court of Assistant Collector First Grade Ballabhgarh for the ejectment of the respondent on the ground of non-payment of rent and personal need which was decreed on October 29, 1976. Instead of filing any appeal against that judgment, the respondent brought the present suit for declaration that he was in possession of the land in dispute as a mortgagee; that there was no relationship of landlord and tenant between the parties and that the judgment and decree of ejectment was without jurisdiction and void. As he was dispossessed during the pendency of the suit in execution of the decree of the Revenue Court, relief of possession was introduced by way of amendment of the plaint.

(3.) The trial Court, after appreciating the evidence of the parties, held that relationship of landlord and tenant existed between the parties and dismissed the suit. The finding of the trial Court was reversed, on appeal, by the learned Additional District Judge with the result that the decree of the Revenue Court, was declared to be void and the suit decreed. Aggrieved thereby, the defendants have filed the said second appeals in this court.