BHAGU RAM Vs. SMT. SUGANI

JUDGEMENT

(1.) Unsuccessful plaintiff is in the regular second appeal against the concurrent findings of facts recorded by both the learned courts below, whereby his suit for declaration and permanent injunction was dismissed by the learned trial Court, vide its impugned judgment and decree dated 14.1.2014 and his first appeal was also dismissed by the learned first appellate court, vide its impugned judgment and decree dated 29.11.2016.

(2.) Brief facts of the case, as noticed by the learned first appellate Court in para 2 of its impugned judgment, are that the appellants-plaintiffs were residents of village Siwani, Tehsil Siwani, District Bhiwani. They were agriculturist by occupation. Ram Kumar son of Kushla Ram and Ramphal son of Ram Kumar, have died. Appellants-plaintiffs were their legal representatives. Earlier the suit land comprised in Khewat No.1056/2065, Khatoni No.1655/2112 min, Khasra No.371/6 (3-0), 15 (4-2), 16 (1-11), 372/8/2 (6-8), 9 (8-0), 10 (8-0) 11(8-9), 12 (5-18) 13 (4-2) 14 (4-0) and 15 (4-2) Kittee 11, total measuring 57 Kanals 12 Marlas, situated at village Siwani Panna Alman, Tehsil Siwani, District Bhiwani, was in-cultivable. As per jamabandi for the year 1994-95, the suit land was earlier comprised in Khewat No.1056, Khatoni No.2065, Khasra No.206 min (36-0), total measuring 36 Bigha 0 Biswa. The previous owners of the suit land had given the same to the predecessors-in-interest of the appellants-plaintiffs for cultivation on nominal rent with the condition that they would make it cultivable. It was also agreed that the predecessors-in-interest of the plaintiffs would not be ejected from the suit land forever. Their predecessors-in-interest made the suit land cultivable at their own expenses. The predecessors-in-interest of the appellants-plaintiffs were paying the nominal rent equivalent to the land revenue. The appellants-plaintiffs came into cultivating possession of the suit land as gair marusi tenant prior to the jamabandi for the year 1970-71 on payment of nominal rent at the rate of 33 paise per bigha, which is equivalent to the land revenue. The appellants-plaintiffs acquired the occupancy rights qua the suit land as per Section 5 and 8 of the Punjab Tenancy Act. They also perfected their title as per the provisions of the Punjab Occupancy Tenant (Vesting of Proprietary Rights) Act, 1952. The respondents-defendants threatened the appellants-plaintiffs to dispossess them from the suit land illegally and forcibly.

(3.) Since both the defendants died during proceedings of the civil suit, their legal representatives of were brought on record, who filed their joint written statement, taking more than one preliminary objections. On completion of pleadings of the parties, learned trial Court framed the following issues:-