NARAIN SINGH Vs. AMAR CHAND

JUDGEMENT

(1.) Defendants No.8 to 11 are in the regular second appeal against the concurrent findings of fact arrived at by the Courts below.

(2.) Question of law, which requires determination is whether a tenant under the mortgagee can claim to have acquired the status of occupancy tenant and consequently ownership under the Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1953 ('1953 Act - for short').

(3.) Plaintiffs-respondents herein filed the suit claiming that they are tenants with respect to land measuring 5 kanals 19 marlas + 8 kanals for the last more than 40 years. At the time of inception of the tenancy, there was an agreement that they shall not be evicted as the land was barren and was to be made cultivable by the predecessor of the plaintiffs. Hence, the plaintiffs claimed that they are in continuous possession for the last 40 years and, therefore, they have acquired status of occupancy tenants under the provisions of the Punjab Tenancy Act, 1887 ('1887 Act' - for short) and consequently become owner under the 1953 Act.