BHAGWAN SINGH Vs. LAL CHAND

JUDGEMENT

(1.) BOTH the Courts below have concurrently found that the status of the plaintiff-appellants is not that of a tenant although they are in possession of the suit land. Accordingly, a decree has been passed in favour of the plaintiff- appellants declaring them in possession and restraining defendant- respondents from interfering in their peaceful possession except in due course of law. Having heard the learned counsel at a considerable length I am of the considered view that the finding with regard to the status of the plaintiff- appellant that he is not a tenant and has failed to prove by adducing evidence do not call for interference by this Court. The revenue record has been referred to since 1975 showing that the status of the plaintiff-appellant has not been shown to be that of a tenant. The two ingredients of tenancy namely payment of rent and bilateral agreement between the parties has not been proved to prove the tenancy. There is neither any document on record nor any other evidence manifesting the afore-mentioned assertion. Dismissed. (M.M.Kumar) 7.3.2006 Judge okg