HASSAN DEEN AND OTHERS Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is plaintiffs' second appeal challenging the judgment and decrees of the Lower Appellate Court whereby their suit for declaration with consequential relief of permanent injunction to the effect that they have become miner of the suit land on account of the occupancy rights, was dismissed.

(2.) IT is the case of the plaintiff -appellants that they are in actual and continuous cultivating possession of the suit land as Gair Marusi for the last more than 100 years under the defendants on payment of land revenue. The suit land was Banjar at the time of inception of tenancy and the same was made cultivable by them. At the time of tenancy, the defendants and their predecessors promised that the plaintiffs and their predecessors will never be ejected from the suit land and now the plaintiffs have acquired the occupancy rights -under the provisions of Punjab Tenancy Act and Section 3 of the Punjab Occupancy of Tenants (Vesting of Proprietary Rights) Act and the defendants had got no right and title in the suit land. The defendants on the basis of wrong and illegal entries in the revenue record were threatening to dispossess the plaintiffs. Hence the pre -sent.

(3.) THE remaining respondents did not contest the suit and were proceeded against ex -parte.