The dismissal of a suit for default does not constitute a verdict on merits and therefore does not bar a subsequent suit by the same party. Documentary evidence is required to support claims under statutory provisions.

JUDGMENT

Sureshwar Thakur, J. - Through the instant petition, a challenge is made to the order dated 26.03.1999, as carried in Annexure P-2, besides a challenge is also made to order dated 03.06.1999, as carried in Annexure P-3.

FACTUAL BACKGROUND

2. Gram Panchayat, Mand Kulan, through its Sarpanch Gurmeet Singh instituted case No. 5/DDPO of 1998 before the Collector concerned. The above case was filed under Section 7 of the Punjab Village Common Lands Act, 1961 (hereinafter for short called 'the Act'). Through the above petition, a relief was claimed for ejectment of the respondent therein, from the panchayat land, as he had raised Haveli thereons.

3. On the above petition, an affirmative order became recorded/drawn on 26.03.1999, by the learned Collector concerned.

4. The above order became challenged by the aggrieved respondent before the Appellate Authority concerned. However, the Appellate Authority concerned, through an order made on 03.06.1999, after dismissing the apposite appeal, proceeded to affirm the order recorded on 26.03.1999, wherethrough the learned Collector concerned allowed the application for the above purpose, as became filed before him, by the Gram Panchayat Mand Kulan. Therefore, the aggrieved therefrom, is but led to institute thereagainst the instant petition before this Court.

SUBMISSIONS OF THE LEARNED COUNSEL FOR THE PETITIONER

5. 1) The learned counsel appearing for the petitioner has contended before this Court, that since prior to the filing of case No. 5/DDPO of 1998 before the learned Collector concerned, the Gram Panchayat concerned had filed a similar case before the Collector concerned, but yet through an order made thereons on 21.11.1995, the same was dismissed in default. Therefore, the counsel for the petitioner submits, that the order made on 21.11.1995, hence dismissing in default the earlier petition hence carrying thereins a cause of action similar to the one as carried in the instant petition rather operates as res-judicata qua the subsequent petition. Thus, the subsequent extant petition is contended to be mis-constituted or is contended to be barred.

2) The learned counsel for the petitioner has also argued that since Section 2 (g) (5) (vi) of 'the Act', provisions whereof become extracted hereinafter exclude(s) from vestment in the panchayat concerned, those lands which lie outside the abadi deh and which were being used as gitwar, bara, manure pit, house or for cottage industry immediately before the commencement of this Act. Therefore, he contends that the house if any raised by the petitioner on the panchayat land concerned, is saved, from vestment in the Panchayat. Moreover, also when the house(s) as raised by the petitioner exist outside the Abadi deh, besides when the same do exist thereons prior to 1961. Thus, he argues that the petitioner was not amenable to face eviction proceedings, for his becoming ejected from the panchayat lands concerned. Therefore, he argues that the orders (supra) be quashed and set aside.

'2. In this Act, unless the context otherwise requires,.

[(a) xxxxxxx

(b) xxxxxxxx

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(g) -shamilat deh includes-

(1) lands described in the revenue records as Shamilat Deh excluding abadi deh;

(2) shamilat tikkas;

(3) lands described in the revenue records as shamilat, Tarafs, Patties, Pannas and Tholas and used according to revenue records for the benefit of the village community or a part thereof or for common purposes of the village;

(4) lands used or reserved for the benefit of the village community including streets, lanes, playgrounds, schools, drinking wells or ponds within abadi deh or gorah deh;

(5) lands in any village described as banjar qadim and used for common purposes of the village according to revenue records;

but does not include land which-------

(i) [---]

(ii) has been allotted on quasi-permanent basis to a displaced person;

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(vi) lies outside the abadi deh and was being used as gitwar, bara, manure pit, house or for cottage industry, immediately be