(1.) Plaintiffs Akhtar etc., grand sons of Rahmat, are in second appeal having lost in both the courts below.
(2.) Plaintiffs alleged that they have acquired occupancy rights in the suit land and have, therefore, become owners thereof, having been in possession of the suit land for more than two generations, without payment of any rent beyond the amount of rates and cesses. The plaintiffs' predecessors also reclaimed the suit land and made it cultivable. Plaintiffs accordingly sought declaration that they have become absolute owners of the suit land measuring 3 kanals 12 marlas having acquired occupancy rights and, therefore, having acquired ownership rights. Plaintiffs also claimed permanent injunction restraining the defendants from interfering in possession and ownership of the plaintiffs over the suit land.
(3.) Defendants controverted the plaint averments. Possession of the plaintiffs over the suit land in any capacity was denied. It was also denied that plaintiffs have acquired occupancy or ownership rights. Defendants claimed to be owners in possession of the suit land having purchased it vide sale deed dated 20.05.1998 from the previous owners Juhar Khan and Usman.