MUNI RAM Vs. PHULLIA AND LALU

JUDGEMENT

(1.) In this Regular Second Appeal against the decree of reversal passed by the Court of the Senior Subordinate Judge (with enhanced appellate powers), Rohtak, on May 23, 1963, granting the plaintiff-respondents a decree for possession of the land in dispute on account of their having become owners of the said land which was in their occupancy tenancy, I will refer to the parties by their titles in the trial Court. The plaintiffs filed the suit for possession of 27 Kanals and 1 Marla of land claiming it to be part of 5 Bighas and 3 Biswas of land comprised in their occupancy tenancy on the ground that by operation of Section 3 of the Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act (8 of 1953) (hereinafter called the Occupancy Tenants Act), their occupancy tenancy rights had ripened into those of ownership. The decree of the trial Court, dated November 28, 1962, dismissing the plaintiff's suit was reversed by the first appellate Court and the suit decreed as already stated. In order to appreciate the relevant entries in the revenue records which have been produced in this case, it is necessary to take notice of the names of the predecessors-in-interest of the plaintiffs. The pedigree-table of the plaintiff's family is, therefore set out below :-

(2.) In the entries relating to 1926-27, 1930-31, 1935-36 and 1938-39, the plaintiffs are shown in column 10 to be liable to pay specified amount of rent equal to land-revenue. In the entries for 1943-44 and 1946-47, it is stated that rent equal to land-revenue is payable without anything being payable to the owner on account of their being the priests (bawaja prohtai). In the Khewat Pamayash Exhibit P.1 in the column meant for showing, the name of the cultivator is entered "Phulia and Lalu sons of Pyare Lal (in equal shares), caste Brahmin as tenants-at-will." It is on this evidence that the trial Court dismissed the suit of the plaintiffs and the lower appellate Court reversed that decree.

(3.) The issues on which the trial of the case has proceeded are these :-