LAWS(P&H)-2017-10-22

TARA CHAND Vs. BIHARI LAL

Decided On October 26, 2017
TARA CHAND Appellant
V/S
BIHARI LAL Respondents

JUDGEMENT

(1.) his judgement shall dispose of RSA Nos.5685 and 5696 of 2014 as the parties as well as the property in dispute are common.

(2.) Tara Chand-plaintiff in Civil Suit No. 243/06 filed a suit for possession with respect to the land measuring 24 Kanals against Bihari Lal and other sons of Nonand. Whereas Bihari Lal and other sons of Nonand filed Civil Suit No. 375 of 2005 claiming declaration that they have become owner of the suit land being occupancy tenants.

(3.) Jeewan was original owner of the land. Nonand was the tenant. Nonand filed an application under Section 18 of the Punjab Security of Land Tenure Act, 1953 (for short, the 1953 Act), claiming that he had right to purchase the land being the sitting tenant. The aforesaid application was allowed with respect to the land measuring 32 Bigha as Nonand was found to be old sitting tenant with respect to 32 Bighas of land only. The application qua 15 Bighas of land comprised in Khasra No.18 was dismissed as Nonand came into possession of the aforesaid land in 1956.