SANTOSH DEVI Vs. RAM SWARUP AND OTHERS

JUDGEMENT

(1.) Present appeal, filed by defendant No.10-Santosh Devi, is against concurrent findings of facts having been recorded by both the Courts below, whereby the suit filed by plaintiffs for declaration and permanent injunction was decreed and the first Appellate Court dismissed the appeal.

(2.) For the sake of convenience, parties are being referred to as per their status before the Court of first Instance.

(3.) Relevant facts for the purpose of decision of the present appeal that plaintiffs had filed suit for declaration that they are owners in possession of the suit land in equal share and the defendants have got no right with the suit land. As per plaintiffs, they had acquired occupancy rights under Sections 5 & 8 of the Punjab Tenancy Act, 1887 (hereinafter referred to as "the Tenancy Act") by virtue of Section 2(F) read with Section 3 of the Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1952 (hereinafter referred to as "the Occupancy Act") and they are entitled to incorporate their names in the revenue record as owners in possession. Plaintiffs also sought relief of permanent injunction, thereby restraining the defendants from taking forcible possession of the suit land. As per plaintiffs, suit land was owned by predecessors-in-interest of defendants No.1 to 7, who entered into an agreement of perpetual tenancy in favour of predecessor-in-interest of plaintiffs in respect of suit land from generation to generation on payment of nominal rent of 33 paise as lagan and with the assurance that plaintiffs would never be ejected from the suit land. Plaintiffs had been inducted as tenants about 50 years back and at that time, the suit land was barren, uncultivable, unproductive and full of thorny bushes. Plaintiffs made the suit land cultivable and they are cultivating the suit land continuously. Plaintiffs acquired occupancy rights in the suit land under Sections 5 & 8 of the Tenancy Act by virtue of by virtue of Section 2(F) read with Section 3 of the Occupancy Act.