CHUHAR SINGH (DECEASED) Vs. JAGAT SINGH

JUDGEMENT

(1.) This judgment will also dispose of RSA Nos. 782/77 and 783 /1977 as the question involved is common in both the cases.

(2.) The facts, however, may be stated from RSA No. 783/1977. This is defendant's Second Appeal against whom writ for possession of agricultural land has been decreed by both the Courts below.

(3.) The plaintiff-respondents filed the suit on the averments that they were owners of the suit land as entered in the Jamabandi for the year 1968-69; that Labhu, son of Narain, was cultivating the suit land as a tenant-at-will, on batai, under the plaintiffs; that he paid rent to the plaintiffs upto Kharif 1962, and not thereafter; that the plaintiffs filed proceedings under section 14-A(ii) of the Punjab Security of Land Tenures Act No. X of 1953 for recovery of rent for subsequent harvests up to Kharif 1965 against said Labhu who died in September, 1966, and his son Rakha was impleaded as legal representative in both the proceedings but he failed to pay the rent due. Consequently, an order of ejectment dated 11th December, 1967, was passed, on which basis delivery of possession was given to the plaintiffs on 24h October, 1968; that Chuhar Singh, defendant was illegally inducted as sub-tenant by Labhu during Kharif 1963; that the relationship of landlord and tenant between the plaintiffs and Labhu, or his legal representative, was automatically terminated as a result of the ejectment order dated 11th December, 1967, and that the defendant Chuhar Singh was a trespasser and he had no right to get back possession of the suit property. Hence, the present suit was filed for possession as meanwhile the defendant had illegally dispossessed the plaintiffs.