LAWS(P&H)-1988-10-79

GORDHAN Vs. NARAIN DASS ETC.

Decided On October 14, 1988
GORDHAN Appellant
V/S
Narain Dass Etc. Respondents

JUDGEMENT

(1.) THE plaintiff -appellant came to the Court with the allegations that he and his predecessors -in -interest were in cultivating possession of the disputed land as tenants -at -will for the last more than 40 years and were paying land revenue and cesses. He has become occupancy tenant of the land before filing the present suit since he fulfilled all the conditions of Sections 5 and 8 of the Punjab Tenancy Act and thus acquired the rights of occupancy tenant under the provisions of Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1953.

(2.) THE defendants controverted the pleas of the plaintiff and pleaded that they were only licensees allowed to remain in possession of the suit land on account of relationship.

(3.) WHETHER the suit is not maintainable, OPD.