OMKAR SINGH Vs. NIRMAL

JUDGEMENT

(1.) THIS is civil revision against the order dated 9.8.1999 passed by Civil Judge, Junior Division, Palwal whereby she decided that Civil Court has jurisdiction to try this suit.

(2.) NIRMAL and Tulli plaintiffs filed suit for declaration against Omkar Singh and others to the effect that they have become owners of land in suit because of the coming into force of the Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1952 (Punjab Act No. 8 of 1953) on 15.6.1952 because prior to the coming into force of this Act, they were occupancy tenants and with the coming into force of this Act, their occupancy rights became enlarged into ownership rights in view of the provisions of Section 3 of this Act.

(3.) CIVIL Judge, Junior Division, Palwal vide order dated 9.8.1999 found that civil Court has jurisdiction to decide whether the plaintiffs were occupancy tenants so that further declaration could be granted to them whether their occupancy rights had been enlarged into full ownership rights with the coming into force of the Act No. 8 of 1953.