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2010 Supreme(P&H) 1747

L.N.MITTAL
Ranjit Singh – Appellant
Versus
Municipal Corporation Of Faridabad – Respondent


Judgment

L.N.Mittal, J.

1. This is second appeal by plaintiffs, who have been unsuccessful in both the courts below.

2. Plaintiffs filed suit alleging that they along with proforma defendants No. 2 and 3 have become owners in possession of the suit land measuring 29 kanals 07 marlas, having acquired occupancy tenancy rights therein. It was alleged that their predecessor Doonger (father of plaintiffs No. 1 to 7 and defendants No. 2 and 3 and husband of plaintiff No. 8) had been inducted as tenant over the suit land by Gram Panchayat - predecessor-ininterest of defendant No. 1 (Municipal Corporation of Faridabad) about 50 years before the filing of the suit, on payment of nominal rent. After the death of Doonger, plaintiffs and proforma defendants No. 2 and 3 continued to cultivate the suit land. When Doonger was inducted as tenant, it was promised that he would never be ejected from the suit land nor rate of rent would be increased. The land was not cultivable at that time. Doonger made it cultivable. Diesel engine was also installed.

3. Only defendant No. 1 contested the suit. Various preliminary objections were raised. Averments made by the plaintiffs were denied. It was pleaded th












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