The appellate authority under Section 11 2 held that the dismissal of the earlier applications would number companystitute res judicata and thereafter proceeded to hold that having regard to the entry in Jamabandhi 1976 77 and Khasra Girdwari Year 1959 83, the ownership of second respondent Panchayat had companye to be established, more so in the absence of any evidence to the companytrary.
The second respondent Gram Panchayat Chhaleri filed an application under Section 11 of the Punjab Village Common Lands Regulation Act, 1961 hereinafter referred to as the Act that the Gram Panchayat is the owner of an area of 146 kanals 5 marlas spread over in several Khasra numbers.
The original authority, namely, the Collector Divisional Deputy Director Rural Development, Patiala, accepting the companytention of the appellants that the dismissal of earlier application under Section 7 would companystitute res judicata dismissed the application of Panchayat under Section 11.
When a writ petition was filed by the appellants that was dismissed in limine.
Whenever the Gram Panchayat demanded possession, the appellant challenged the ownership of Gram Panchayat.
The stand was opposed by the appellants.
Aggrieved by the same, an appeal was preferred before the Joint Director, Punjab, exercising the powers of the Commissioner.
Thus, the appeal.
