BOOD SINGH Vs. HARYANA STATE

JUDGEMENT

(1.) THIS is plaintiffs' second appeal challenging the judgement and decrees of the court below whereby their suit for declaration to the effect that plaintiffs were occupancy tenants of the suit property and their occupancy tenancy rights have matured into ownership with consequential relief of permanent injunction, was dismissed.

(2.) IT is the case of the appellants that suit property is in their possession and earlier to them, it was in possession of their predecessor- in-interest who was inducted as tenant over the suit land and he made the suit land cultivable. At that time, it was agreed that grandfather of the plaintiffs would only give the share of the yield in the suit property and would never be evicted. Thus, their long possession as occupancy tenant has matured into ownership. IT is further case of the appellants that application filed by the defendant in the Court of Assistant Collector, First Grade, against their father was dismissed. Thereafter, father of the plaintiffs filed an application seeking declaration on 25.11.1987 in the court of Assistant Collector, First Grade, but the aforesaid court had no jurisdiction and, thus, the suit of the father of the plaintiffs was returned. Now, the respondents are bent upon to interfere in their possession over the suit property and, thus, the necessity arose to file the present suit.

(3.) AFTER hearing both the parties, trial Court decided all the issues in favour of the defendant and consequently the suit was dismissed.