ZILE SINGH Vs. BALBIR SINGH

JUDGEMENT

(1.) This appeal has been filed by Zile Singh and others against the judgement of the District Judge, Gurgaon, dated April 15,1987, whereby he decided reference under Section 30 of the Land Acquisition Act holding Balbir Singh respondent to be entitled to the compensation fixed for the acquired land.

(2.) Sections 5 and 6 of the Punjab Tenancy Act, 1887 (hereinafter called 'the Act') provide for acquiring occupancy tenancy. At the outset it may be stated that the case of the appellants is not covered by either of these Sections. Reliance is placed on Section 8 of the Act for acquiring occupancy tenancy by the appellants. Section 8 and 9 read as under:-

(3.) A perusal of the aforesaid provision would show that rights of occupancy tenancy can be acquired apart from the grounds mentioned in Sections 5 & 6 of Act. These provisions were under consideration of this Court in Muni Ram and others v. Phullia and Lalu, 1974 PunLJ 369, and the propositions flowing therefrom were stated as under:-