GRAM PANCHAYAT NAGAR SABHA DHUR Vs. GURDEV KAUR

JUDGEMENT

(1.) The respondents filed a suit for possession of land detailed in the plaint against Gram Panchayat Nagar Sabha, Dhur, Tehsil Samana, District Patiala (petitioner) on the basis of title. The petitioner contested the suit. The trial court framed the issues, including issues No. 7 and 8 which read :-

(2.) The decision in Gram Panchayat and another v. Balwant Kaur and another,1979 RLR 96, was over-ruled by a Division Bench of this court in Gram Sabha Balad Kalan and another v. Sarwan Singh and others,1981 PunLJ 311. It was held by the Division Bench:

(3.) The petitioner approached the trial Court for deciding issues No. 7 and 8 afresh in the light of the decision in Gram Sabha Balad Kalan and another's case . The trial Court vide order dated 17th January, 1982, held that the decision of the District Judge under issues No. 7 and 8 had attained finality and the application for redeciding the same was hit by the principle of res judicata. The petitioner has assailed the order of the trial court dated 17th January, 1982 in the present revision.