BALBIR SINGH Vs. SANTA SINGH

JUDGEMENT

(1.) One Mahadeo Prasad was the owner of lands which form the subject-matter of these appeals. He filed an application under Section 9 (1) of the punjab Security of Land Tenures Act, 1953 for eviction of the respondents herein, who were his tenants. An order was passed on 20-9-1968 by the assistant Collector in which a condition was imposed that the tenants should be resettled on areas equal to the areas in their possession. The order was executed and possession was handed over to the owner on 27-10-1969.

(2.) One of the tenants filed a suit in the Court of the Senior Subordinate judge, Ferozepur for declaration that the order of the Collector was not valid and for a declaration that he continued to be a tenant in possession. But during the pendency of that suit, he admitted that he was not in possession of the land. On recording the said admission the suit was dismissed. The respondents herein took possession of the land once again on 17-5-1970.

(3.) Mahadeo Prasad had sold the land to the appellants herein on 11-6-1973. The respondents filed suits for permanent injunction restraining the appellants from interfering with the possession of the land. According to the plaintiffs in those suits they were tenants in possession and could not be evicted except in due course of law. The trial Judge held that the plaintiffs were tenants continuing in possession and granted decrees for injunction. On appeal it was held that the plaintiffs were not tenants but trespassers. Yet, it was held that till they were evicted in due course of law they were entitled to decrees for injunction restraining the owner from interfering with their possession.