YAD RAM Vs. RAM LAL

JUDGEMENT

(1.) THIS plaintiffs' appeal against the judgment and decree of the Additional District Judge, Gurgaon, whereby the suit decreed by the trial court was reversed in appeal.

(2.) THE plaintiffs filed suit under Order 1 Rule 8 of the Code of Civil Procedure on the allegation that land comprised in khewat Nos. 392 to 394 measuring 126 kanals 2 marlas as per details given in Schedule 'b' of the plaint is recorded as owned by Shamlat Patti Bhawani Singh 'hasab Rasad Qabza Zamin' as per entries in the jamabandi for the years 1966-1967, The plaintiffs further averred that the defendants and other persons mentioned in the list 'a' attached to the plaint are owners /co-sharers and thus entitled to get the same partitioned. On an application filed before the Assistant Collector I Grade to get the joint land partitioned, question of title was raised and so the parties were directed to get it determined by a court of competent jurisdiction. Hence this suit

(3.) BASIS of the claim of the plaintiffs is that they were occupancy tenants and became owners of the land in their possession in view of the Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1951, and thus, have become co-sharers and entitled to claim a share in respect of shamlat land corresponding to the land in their ownership