TEK CHAND
Jowala Singh Prem Singh – Appellant
Versus
Malkan Nasirpur – Respondent
Tek Chand, J.
1. This civil revision presented by the defendants-petitioners arises out of the following facts:
2. The plaintiffs, who are the proprietors in village Nasirpur, instituted a suit on 22-2-1951, for a declaration that the defendants, who are their occupancy tenants, should not be declared owners of the land in view of the provisions of the Pepsu Abolition of Occupancy Tenures and Settlement of Land Disputes Ordinance, 2006 Bk., and for injunction that the plaintiffs should not be prohibited from enjoying their right of easement on the land. This suit was dismissed by the Subordinate Judge. Sultanpur, on 27-11-1951, on the ground that the civil Courts had no jurisdiction. The plaintiffs then presented an appeal to the Dis trict Judge, Kapurthala, who agreed with the findings of the trial Court and dismissed the appeal. a revision petition was then presented to the Pepsu High Court, which on the merger of Pepsu and Punjab was disposed of by this Court on 15-2-1957. It was held that the civil Courts had Jurisdiction, the revision was accepted and the case remanded to the trial Court for disposal according to law. Isher Singh, one of the defendants. had died in 195
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