Judgement

SABYASACHI MUKHARJI, J. :- How far an order directing eviction of a person by the Revenue Court under S. 77(3) of the Punjab Tenancy Act, 1887 (hereinafter called the Act) operates as res judicata for a title suit filed by a person claiming to be a mortgagee and not a tenant of the alleged landlord, is the question that arises in this appeal by special leave from the Full Bench decision of the High Court of Punjab and Haryana dated 12th March, 1981 (reported in AIR 1981 Punj & Har 237) in second appeal. By the impugned order and judgment the High Court has dismissed the appeal of the appellants and affirmed the judgment and order dated 7th September, 1978 of the Additional District Judge, Gurgaon reversing the judgment and order of Sub Judge 1st Class, Ballabgarh dated 4th November, 1977 dismissing the suit of the respondent.

2. It appears that the appellants filed proceedings in the Court of Assistant Collector 1st Grade, Ballabgarh seeking ejectment of the respondent from his lands on 29th July, 1975 under S. 77(3), proviso 2(e) of the Act on the ground that the respondent-tenant had defaulted in the payment of rent. The suit was decreed on 29th October, 1976. In executio