SUKHBIR AND OTHERS Vs. CHANDER

JUDGEMENT

(1.) For the reasons mentioned in the application, which is supported by an affidavit, delay of 59 days in filing the appeal is condoned. CM No. 12739-CII of 2015 stands disposed of. Present Regular Second Appeal, by the unsuccessful defendants, is directed against the concurrent findings of both the Courts below, whereby suit for declaration and permanent injunction filed by Chander and others was decreed by the Court of first Instance vide judgment and decree dated 28.04.2012. The appeal filed by the present appellants was dismissed by learned Additional District Judge, Jhajjar vide judgment and decree dated 31.03.2015.

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

(3.) Relevant facts of the case for the purpose of decision of this appeal; that the plaintiffs and prior to their father and grandfather, had been continuously in cultivating possession of the suit land as tenant under the ownership of Dil Sukh and Khusi Ram. Plaintiffs were in possession of the suit land for over 70 years as occupancy tenants under Section 5(1) (a) read with Section 5(2) and Section 8 of Punjab Act No. XVI of 1887.