SOHAN SINGH Vs. FAUJA SINGH AND OTHERS

JUDGEMENT

(1.) THIS second appeal arises out of a suit brought by Sohan Singh appellant for joint possession of l/3rd share in the land in dispute. His allegations were that he and Fauja Singh and other respondents were occupancy tenants of the said land and he had l/3rd share therein. His father Bhagat Singh left the village about 40 years ago and settled in another village close -by; while the defendant -respondents alone continued in possession as co -sharers. Under the provisions of the Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1953, hereinafter called the Act, all the occupancy tenants had acquired proprietary rights in the said land. On coming back to this village, he asked for his share in the land and the same was refused by the respondents and that led to the filing of the suit.

(2.) THE defendants contested the suit and pleaded inter alia that the plaintiff was not the son of Bhagat Singh deceased who had l/3rd share in the occupancy rights. Bhagat Singh had left the village a long time back and abandoned the rights in the said land. The defendants alone paid the compensation amount to the landlords and acquired proprietary rights in the land. It was also claimed that the defendants had become owners of the suit -land by adverse possession for more than 12 years.

(3.) LEARNED counsel for the appellant submitted that the learned Senior Subordinate Judge had erred in law in holding that the plaintiff's father had abandoned his rights in the land in dispute and that the defendants had become owners of the same by adverse possession.