RAM KISHAN AND ORS. Vs. OMWATI AND ORS.

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and decree passed by the Civil Judge (Junior Division), Palwal, dated 06.09.2012, whereby, the suit for declaration to the effect that the appellant-plaintiffs are in possession of the land detailed in the body of the suit being tenants and therefore, in the light of Section 5 of the Punjab Tenancy Act, 1887 (hereinafter referred to as 'the 1887 Act'), have become the owners of the property in question as also the suit for injunction restraining the respondent-defendants from interfering in any manner in the property in question, stands dismissed, appeal against which preferred has been dismissed by the Additional District Judge, Palwal, on 11.11.2014.

(2.) It is the contention of the learned counsel for the appellants that the appellant-plaintiffs are in possession of land as tenants for the last 70 years and this aspect has been established on the basis of the revenue records which have been placed on record. He contends that except for the entries in the jamabandis for the year 1950-51, Ex.P-6 and P-7 respectively, where possession is shown of the respondent-defendants, the entries with regard to the tenancy are in favour of the appellant-plaintiffs and on that basis, being in possession of the land stands established. He contends that because of the continuous possession over the property in question, they have become the owners of the property in question under the provisions of the 1887 Act. He, accordingly, contends that the judgment and decree passed by the Courts below cannot sustain on this aspect.

(3.) Learned counsel for the appellants further contends that even if on the basis of the earlier jamabandis which have not been produced on record specifically for the year 1953-54, the possession, in any case, as per jamabandi 1958-59, of the predecessor in interest of the appellants having been established, the injunction should have been granted. He prays that the judgments and decree passed by the Courts below deserve to be set aside and the suit of the appellants decreed.