JAGDISH Vs. GRAM PANCHAYAT

JUDGEMENT

(1.) The plaintiffs-appellants have filed the present Regular Second Appeal against concurrent findings of fact arrived at by the Courts below while dismissing the suit filed for grant of decree of declaration that the plaintiffs have become owners in possession by virtue of Sec. 3 of Punjab Occupancy Tenants (Vesting of Proprietory Rights) Act, 1951 on acquisition of occupancy rights under Sec. 5 to 8 of the Punjab Tenancy Act, 1887 being in continuous possession for a period of more than 30 years as tenants on payment of nominal lagan with respect to land measuring 24 kanals i.e. 3 acres.

(2.) The plaintiffs claimed that their ancestor Jawahara and after his death, Dhanna s/o Jawahara cultivated the suit land alongwith his brothers Moti Ram and Surja Ram as tenants. Dhanna Ram and Surja Ram died unmarried and after the death of Moti Ram, his son Bhadar came in possession of suit land. Bhadar s/o Moti Ram was in continuous possession thereof on payment of Rs.15.00 as lagan for more than 60-70 years. The defendant no.l- Gram Panchayat contested the suit by asserting that entry in the revenue record showing the ancestors of the plaintiffs to be in cultivating possession of the suit land on payment of lagan are totally wrong. It was further asserted that actually Mani Ram s/o Jiram is in illegal possession of the suit land and the Gram Panchayat has been wanting to eject him from the same. After framing of the issues, parties were permitted to lead evidence and thereafter, both the Courts as noticed above dismissed the suit filed by the plaintiffs.

(3.) This Court has heard learned counsel for the appellants at length and with his able assistance gone through the judgments passed by the Courts below.