PARMANAND Vs. RAKHA

JUDGEMENT

(1.) This judgment will dispose of two appeals, Regular Second Appeal No. 560 of 1948 and Regular Second Appeal No. 561 of 1948.

(2.) The landlords Parma Nand and Amar Chand brought a suit against the tenants Rakha, Amin Chand and Gail for recovery of Rs. 200/- alleging that the defendants had illegally cut the crops sown by them the plaintiffs. The defence was that they had not cut the crops and the rights of occupancy tenancy had not been extinguished. In this suit another Amin Chand and Kishan Chand, who were also landlords, were defendants. After the decision of this suit an appeal was taken to the appellate Court and the case was remanded for retrial, one of the issues being whether the tenancy had terminated and i the occupancy rights had been lost, the landlords should be allowed half share in the standing crop. After the remand the other two landlords Amin Chand and Kishan Chand were transposed as plaintiffs in the suit.

(3.) The tenants also filed a suit for declaration that they had not lost their rights of occupancy and for injunction and in the alternative for possession. The trial Court decreed the tenants' suit holding that the suit was governed by Article 142 of the Limitation Act and that Ss. 50 and 77 of the Punjab Tenancy Act were no bar to the suit. He also held that the tenants were forcibly dispossessed and that the occupancy rights had not terminated. In the landlords' suit he held that the compensation due to the landlords was Rs. 87/3/6, but he allowed them Rs. 50/12/- presumably because of the order of remand. Two appeals were taken to the Senior Subordinate Judge who maintained the findings of the trial Court. Two Second appeals have been brought by the landlords against the two decrees of the Senior Subordinate Judge.