DHARAM SINGH Vs. BHAGWAN SINGH

JUDGEMENT

(1.) THIS judgment shall dispose of Regular Second Appeal No. 2677 of 1983 filed by the plaintiffs and Regular Second Appeal No. 115 of 1984 filed by the defendants arising out of the judgment and decree passed by the learned First Appellate Court dated 30.8.1983.

(2.) THE brief facts out of which the present appeals have arisen are that the plaintiffs, have filed a suit for declaration to the effect that the plaintiffs are owners in possession of land measuring 43 Kanals 7 Marlas situated in village Bah Atta and also a decree for permanent injunction as a consequential relief for restraining the defendants from interfering in the possession of the suit land since 1921-22 and they are occupancy tenants over the suit land under Sections 5 and 8 of the Punjab Tenancy Act, 1887 (for short "the Tenancy Act") and have become owners of the same under Section 3 of the Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1953. It was alleged that at the time of inception of tenancy there has been promise by the ancestors of the defendants never to eject the plaintiffs and that the proprietors of the village and the ancestors of the defendants have generally and customarily conceded the rights of permanent occupancy to the other tenants in the village Bhahnaur and in the neighbourhood villages. The plaintiffs have continuously occupied the suit land for 30 years and paid rent not exceeding the amount of land revenue. It was further stated that the defendants have now filed a suit for ejectment of the plaintiffs before the revenue Court and, thus, excluded the status of the plaintiffs as owners of the suit land.

(3.) AFTER filing of the replication, following issues were framed :-