S.P.GOYAL, J.

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 judicata 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 d