B.T. DEVELOPERS PVT. LTD. Vs. GOKAL

JUDGEMENT

(1.) Defendant No.3-appellant is in the regular second appeal against the concurrent finding of fact arrived at by the Courts below decreeing the suit for declaration that the plaintiffs have become owner of the property as per the previsions of the Punjab Occupancy Tenant (Vesting of Proprietary Rights) Act, 1952 (for short 'Act of 1952'). Both the Courts have held that the plaintiffs or their predecessor have become occupancy tenants under Sec. 5(2) of the Punjab Tenancy Act, 1887 and consequently, owner in view of the Act of 1952. Sec. 5 of the Punjab Tenancy Act, 1887 is extracted as under:-

(2.) It is apparent that Sub-Sec. 2 of Sec. 5 requires that tenant is to establish that he has continuously occupied the land for a period of 30 years and paid no rent, therefore, beyond the amount of land revenue thereof and the rates and cesses for the time being chargeable thereon. In the present case, both the Courts have recorded a finding that predecessor of the plaintiffs was recorded as owner on payment of chakota (lease money) of Rs.5.00 per acre per year and the lease money has never been increased.

(3.) However, trial Court while recording a finding with regard to second part of the requirement as required under the Act, has recorded as under:-