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1994 Supreme(SC) 1066

K.RAMASWAMY, M.N.VENKATACHALIAH
Bahadur Singh – Appellant
Versus
Shangara Singh – Respondent


Advocates:
ANANT PALLI, Atul Sharma, E.C.AGARWAL, J.K.SIBAL, KAMINI JAISWAL, REKHA PALLI, S.Baggar

ORDER

1. Leave granted.

2. This appeal arises from the judgment and order dated 7-4-1986 of the High Court of Punjab and Haryana made in Regular Second Appeal No. 1292 of 1977.

3. Admittedly, Respondents 5 to 15 were the tenants in occupation of the demised lands from 16-12-1931. The Punjab Occupancy Tenants (Vesting of Property Rights) Act, 1952, (for short the Act) came into force on 15-6-1951. Section 2 of the Act defines "appointed day" and "occupancy tenant", thus :

"(a) Appointed day means-

(i) in relation to any tenant who, immediately before the commencement of this Act, is recorded as an occupancy tenant of any land in the revenue records, the 15th day of June, 1952;

(ii) in relation to any tenant who obtains a right of occupancy in any land after the commencement of this Act, the date on which he obtains such right of occupancy.

* * *

(f) Occupancy tenant means a tenant who, immediately before the commencement of this Act, is recorded as an occupancy tenant in the revenue records and includes a tenant who, after such commencement, obtains a right of occupancy in respect of the land held by him whether by agreement with the landlord or through a court of competent jurisdiction or












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