Vinod K.Sharma, J.

1 This regular second appeal filed by the State is directed against the judgment and decree dated 6.1.2005, passed by the learned Courts below vide which the suit filed by the plaintiff/respondent for declaration and mandatory injunction directing the correction in the column of ownership in the revenue record, stands allowed.

2 It is not in dispute, that the predecessors-in-interest of the plaintiff/respondent were recorded as Muafidar in the jamabandi for the year 2000-2001 BK, as per Ex.P25/A.

3 The case of the plaintiff/respondent was, that on resumption of Muafithe predecessors-in-interest of the plaintiff/respondent were conferred the status of occupancy tenant as per the entries in the Wazib-ulurjEx. P-2, wherein it was recorded, that on resumption of Muafi, the Muafidar would get the status of an occupancy tenant.

4 It was the further case of the plaintiff/respondent, that the right of occupancy tenant matured into that of ownership under Section 3 of the Pepsu Occupancy Tenancy (Vesting of Proprietory Rights) Act, 1954, therefore, the plaintiff/respondent being owner in possession of the property was entitled to the declaration prayed for. The re