JOT RAM Vs. SAHAB RAM

JUDGEMENT

(1.) CIVIL Suit No. 299 -C of 1981 was brought by Jot Ram and others, the appellants herein, for declaration to the effect that they have become owners of the land in suit as described in the head note of the plaint, by way of adverse possession or in the alternative, they have acquired rights of ownership in the suit property under the provisions of Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1952 (hereinafter referred to as 'the 1952 Act') and that the entries in the revenue record showing respondent Nos. 1 to 6 to be owners of the suit land are wrong and liable to be corrected; and a decree of permanent injunction to restrain the respondents from dispossessing them from the suit land and/or from allotting it to, or utilizing it in any other manner in favour of, any other person. It was the case pleaded on behalf of the plaintiffs/appellants that their father Manna Ram, since deceased, was in cultivating possession of the suit land and posthumous Manna Ram, the appellants have been in its cultivating possession. Their possession over the suit land has been for more than 50 years, has been continuous, uninterrupted to the knowledge of the true owner, peaceful, hostile and without payment of lagaan or rent and, thus, they have become owners of the suit land by adverse possession. According to the appellants, entries showing respondent Nos. 1 to 6 as owners of the suit land were wrong and are liable to be corrected.

(2.) IN the alternative, it was pleaded that the appellants being in continuous possession of the suit land since before coming into force of the 1952 Act, had acquired ownership rights in respect of the suit land in terms of provisions of the 1952 Act and that ancestors of respondent Nos. 1 to 6 had agreed not to eject ancestor of the appellants and confer occupancy rights upon him, however, respondent Nos. 1 to 6, when requested to admit claim of the appellants and to get the revenue record corrected, had refused to accede to their demand. It was in this situation that the appellants had to bring the civil suit under adjudication.

(3.) IN the written statement, a prayer for dismissal of the suit was made.