KISHAN Vs. NARAIN DASS

JUDGEMENT

(1.) This Regular Second Appeal has been filed by unsuccessful plaintiffs and is directed against the judgment and decree of the Additional District Judge, Gurgaon, who on appeal affirmed the judgment and decree of Subordinate Judge 2nd Class, Gurgaon, dismissing their suit for declaration that they had become owners of the suit land under the provisions of Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1953 (hereinafter referred to as the 'Act').

(2.) The plaintiffs came to the court with the allegations that they had been cultivating the suit land for more than two generations on a fair rent and at the time of inception of the tenancy, the predecessor-in-interest of the defendants agreed that the predecessor-in-interest of the plaintiffs will never be evicted from the suit land. They fulfilled all the conditions of Ss.5 and 8 of the Punjab Tenancy Act and after the commencement of the Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1953, they had become the owners of the suit land and they were wrongly described as the tenant-at-will in the revenue record. They further disputed the right of defendant 4 to transfer 1/4th share of the disputed property to defendant 5 and alleged that the sale was not binding on the rights of the plaintiffs.

(3.) The defendants denied the allegations of the plaintiffs and pleaded that there was no relationship of landlord and tenant between the parties; that the plaintiffs were only licensees on the land in dispute and they were cultivating the suit land with the permission of the defendants on account of relationship. It was asserted that defendants 4 Smt. Shanti Devi was competent to transfer 1/4th share in the disputed property to defendant 5 and the sale was perfectly legal and valid.