DEVI SINGH Vs. HUKAM RAM

JUDGEMENT

(1.) The question referred for our consideration is:- Whether, upon the facts of the present case, for the purpose of applying Section 3 of the Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1953, the court is precluded from, going behind the entry recorded in the revenue records showing Hira and Smt. Devku as occupancy tenants and determining whether apart from the entry they can be held to be occupancy tenants?

(2.) On October 10, 1953 the plaintiff instituted a suit in the court of the learned Subordinate Judge, Kulu for recovery of possession of agricultural land. It was alleged that the land originally belonged to one Rai Bhagwant Singh, that he had granted tenancy rights therein to Hira under lease deeds covering different parcels of land. Consequent mutations were made in favour of Hira. On Feb. 26, 1942 Hira died, and mutation entries were made in favour of his widow, Smt. Devku. Hira and in her turn Smt. Devku, were recorded in the revenue records as occupancy tenants. Rai Bhagwant Singh transferred his rights in the land to the plaintiff. On August 13, 1953, Smt. Devku transferred the rights belonging to her to the contesting defendants and put them in possession. The plaintiff alleged in the plaint that she had no right to do so. and he was entitled to recover possession from the defendants.

(3.) The suit was resisted by the defendants who, besides the plea that Hira, and after him Smt. Devku, were occupancy tenants, also asserted that with effect from June 15, 1952 the proprietary rights of Rai Bhagwant Singh stood extinguished and instead Smt. Devku became proprietor of the land. In consequence, it was said the defendants as transferees from Smt. Devku were entitled to proprietary rights therein.