KANWAR BHAN Vs. KHURSHID

JUDGEMENT

(1.) By this judgment, RSA Nos.3330 and 3512 of 2016 shall stand disposed of with the consent of learned counsel for the parties, who admit that question which needs consideration in both the appeals, although, arising from separate suits, is common.

(2.) The defendant-appellant through his legal heirs has filed these two appeals against the judgments and decrees passed by both the courts below. The plaintiffs-respondents in both the suits, which are identical in pleadings, pray for a decree of declaration that they be declared occupancy tenants and consequently owners in possession of the property in dispute as per Sec. 3 of the Punjab Tenants (Vestring of Proprietary Rgiths) Act, 1953 (for short 'the 1953 Act'). In the plaint, the plaintiffs claimed that they have become occupancy tenants as per the provisions of Sec. 5(2) and 8 of the Punjab Tenancy Act, 1887 (for short 'the 1887 Act'). The plaintiffs have pleaded that they were inducted as tenants and they are in possession of the land at lease money of Rs.1.00 per kanal for the last 50 years. It was further pleaded that there is a custom in the locality of acquiring occupancy right by the tenants like the plaintiffs.

(3.) The plaintiffs through their father had previously filed an application for claiming the same right which was initially decreed by the revenue authorities constituted under the 1887 Act, however, in appeal/revision, the order was set aside, as it was found that it is only the civil court which is competent to grant such declaration. A Full Bench of this Court, while deciding the question that whether authorities constituted under the 1887 Act, have the jurisdiction to grant such declaration, has held that the civil court has the jurisdiction.