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The parties arrayed before him are landlord and tenant or vice versa, and it is on the basis of such relationship between them that he proceeds to deal with the disputes entrusted to him by Section 7(1).” b. In Shri Raja Durga Singh of Solon v. Tholu and others7, the Appeal before this Court arose from a Judgment rendered by the Judicial Commissioner in Second Appeal, taking the view that the Suit in the said case could not be tried by the Civil Court but was to be tried by the Revenue Court under Section 77 of the Tenancy Act, which applied to Himachal Pradesh as well. The Court drew support from Magiti Sasamal (supra) and held that the observation in Magiti Sasamal (supra) would apply to the case also in as much as relationship of landlord and tenant as between the parties to the Suit was not admitted by the appellant-plaintiff. This Court held:

A Full-Bench was constituted to hear the question as to whether the decision of the Revenue Court, under Section 77 of the Tenancy Act, or of the Rent Controller, could operate as res judicata. This Court, in Richpal Singh and others (supra), followed the decision in Shri Raja Durga Singh of Solon (supra) and also the Full Bench of the Lahore High Court in ILR 1942 (24) Lahore High Court 191 (Full Bench), and held as follows:

32. In Jia Lal and another v. State of Haryana and others (in Writ Petition No. 1785 of 1968, decided on 04.11.1970), the learned Single Judge of the Punjab and Haryana High Court purported to follow Magiti Sasamal (supra) and Shri Raja Durga Singh of Solon (Supra) to find that when the relationship of landlord and tenant was denied, it could be decided by the Civil Court and the Writ Petition was not entertained. This was a case where the title of the writ petitioner who claimed as landlord was denied and the Court held that the writ petitioners were entitled to treat the respondent as trespasser and proceed in the Civil Court.