NARAIN DASS Vs. BHUP SINGH

JUDGEMENT

(1.) The Plaintiff-Appellants having lost in both the Court below are in second appeal before this Court,

(2.) The suit out of which, the present appeal arises was filed by the Plaintiffs seeking possession on the ground that they were in cultivation of the suit land as non-occupancy tenants under the Defendant No. 2 Smt. Jhalri who was occupancy tenant over the suit land.. Smt. Jhalri is said to have acquired proprietary rights and thereafter is said to have sold the suit land in favour of the Defendant No. 1. According to the Plaintiffs, they were dispossessed illegally somewhere in November, 1969 by the Defendant No. 1 Bhup Singh and irrespective of the land having been allotted and them sold by Defendant No. 2, they continue to be the non-occupancy tenants and having been illegally dispossessed, they were entitled to get back the possession of the suit land in the capacity as tenants at will.

(3.) The Defendants denied the status of the Plaintiffs as tenants on the suit land The allegation that they were forcibly dispossessed was also denied and according to the Defendant No. 1, he has been in possession as owner after its purchase from Smt. Jhalri.