DESH RAM Vs. KEDAR SINGH

JUDGEMENT

(1.) Challenge in the present appeal has been directed against decrees and judgments passed by the courts whereby claim of the appellants-plaintiffs qua ownership of suit land being occupancy tenants, has been dismissed.

(2.) The facts relevant for disposal of present appeal are that respondents-defendants are recorded as owners in the revenue record qua suit land situated in village Jharli, Tehsil and District Jhajjar. It is averred by the plaintiffs-appellants that they are cultivating the suit land as occupancy tenants for more than two generations at a nominal rent of Rs. 1/-per kanal per year. They are in possession of land for the past more than 50 years and rent has not been enhanced. They claimed to have become owner in possession of the suit land and sought permanent injunction restraining the respondents from interfering into their possession of suit land.

(3.) Defendant No. 1 filed the written statement and controverted the allegations that land was given to the plaintiffs by the defendant for the purpose of cultivation and no promise was made by the defendant that they will not eject the plaintiffs from the suit land. The plaintiffs are not occupancy tenants of the suit property, therefore, question of filing of suit for ejectment against them does not arise. All other material averments of the plaint were denied with a prayer for dismissal of the suit.