SUKHBIR SINGH Vs. GRAM PANCHAYAT VILLAGE JAKHOLI

JUDGEMENT

(1.) CM-4093-C-2013 For the reasons mentioned in the application, the same is allowed and delay of 47 days in re-filing the appeal is condoned. CM-4094-C-2013 For the reasons mentioned in the application, the same is allowed and delay of 15 days in filing the appeal is condoned. RSA-1517-2013 Unsuccessful plaintiff has filed this regular second appeal against judgment and decree dated 20.09.2012 of the Appellate Court, affirming judgment and decree of the trial Court dated 14.09.2011 whereby, his suit for declaration with consequential relief of permanent injunction, was dismissed.

(2.) Briefly, plaintiff-appellant claiming himself to be a "occupancy tenant" being in possession of the suit land fully detailed in para 1 of the judgment of trial Court as "gair marusi" without payment of any rent or batai, since, more than 60 years through his forefathers before consolidation took place in the village Jakholi, filed a suit to declare him owner.

(3.) After holding trial, learned trial Court dismissed the suit vide judgment and decree dated 14.09.2011.