H.S.Bedi, J.

1. This reference to the Full Bench has been necessitated on account of an order made by N.K.Sud, J. on 10.9.2001.

2. The matter arises out of the following facts:-

The petitioner, Shiv Charan, filed a suit Under Section 77(3)(d) of the Punjab Tenancy Act, 1887 (hereinafter called the Act) against respondent No.5 Sham Lal in the Court of the Assistant Collector, Ballabgarh claiming the status of an occupancy tenant Under Sections 5 & 8 thereof. The Assistant Collector dismissed the suit vide his order dated 27.10.1989 (Annexure P-l to the petition). The appeal filed by the petitioner before the Collector, Faridabad was, however, allowed by order dated(Annexure P-2) and it was held mat he was an occupancy tenant on the land in question. Respondent No.5 thereupon filed as appeal against the order (Annexure P-2) before the Commissioner Gurgaon circle, which was dismissed onvide order Annexure P-3. He thereafter filed a revision petition before the Financial Commissioner, pleading for the first time mat a suit for declaration of occupancy rights lay in a civil and not in a Revenue Court after fee promulgation of the Punjab Occupancy Tenants (Vesting of Proprietary