S.S. Sodhi, J. - (1.) The matter here concerns the second attempt of the Gram Panchayat to seek the ejectment of the petitioners under Section 7(2) of the Punjab Village Common Lands (Regulation) Act, 1961, having failed earlier mainly on account of its failure to establish that the petitioners had been allotted the land on a 20 Years lease, the period of which had since expired.
(2.) Proceedings were initiated against the petitioners for their ejectment under Section 7(2) of the Act, on the ground that the land in their possession had been allotted to them 1955 under a 20 years lease and on the expiry thereof, their possession became unauthorised. The authorities under the Act accepted the applications and directed the ejectment of the petitioners. These orders were, however, set aside by this Court in Mohinder Singh v. Collector, Kurukshetra, C.W.P. 1707 of 1979 decided on November 14,1979 . It was the finding of the Division Bench that the Gram Panchayat had failed to establish that the petitioners were lessees on the land for a fixed period or that their possession had become wrongful or unauthorised in any manner by virtue of any action or operation of law. While quashing the impugned orders of ejectment passed against the petitioners, it was, however, observed that this would not preclude the Gram Panchayat from initiating any fresh proceedings for the eviction of the petitioners, in accordance with law".
(3.) Relying upon the concluding observations in Mohinder Singhs case (supra), the Gram Panchayat initiated fresh proceedings under Section 7 of the Act. The authorities under the Act, by their impugned orders, accepted this application holding that there was a 20 years lease under which the petitioners had been given possession of the land and on the expiry thereof, their possession had become unauthorised rendering them liable to eviction. The error in law in recording this finding stands writ large. It will be recalled that when the matter had come up to this Court earlier in Mohinder Singhs case (supra) the point directly and substantially in issue was whether or not the petitioners held the land under a lease for a fixed period. A definite finding was recorded that they did not hold the land under any such lease. This finding was rendered final thereby and it could not therefore, be re-opened or a contrary finding given, in any subsequent proceedings, even by the production of a lease deed entered into between the parties. In other words, on principles analogous to res judicata the authorities under the Act were clearly precluded from holding otherwise than held by this Court in Mohinder Singhs case (supra) that the petitioners did not hold the land under any lease for a fixed period of time. This being so, their ejectment on the ground that the period of the lease had expired, cannot be countenanced. Further, it has not been suggested that the petitioners were at all liable for ejectment on any other ground. This being so, the impugned order of ejectment passed against the petitioners cannot be sustained and are accordingly hereby set aside. This writ petition is thus accepted with costs. Counsel fee Rs. 1000/- (one set only). Petition allowed.;