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2016 Supreme(P&H) 436

AUGUSTINE GEORGE MASIH
Ram Kishan – Appellant
Versus
Omwati – Respondent


Advocates:
For the Appellants:Mr. Rajesh Lamba, Advocate.

JUDGMENT

Mr. Augustine George Masih, J.: (Oral) - Challenge in this appeal is to the judgment and decree passed by the Civil Judge (Junior Division), Palwal, dated 06.09.2012, whereby, the suit for declaration to the effect that the appellant-plaintiffs are in possession of the land detailed in the body of the suit being tenants and therefore, in the light of Section 5 of the Punjab Tenancy Act, 1887 (hereinafter referred to as ‘the 1887 Act’), have become the owners of the property in question as also the suit for injunction restraining the respondent-defendants from interfering in any manner in the property in question, stands dismissed, appeal against which preferred has been dismissed by the Additional District Judge, Palwal, on 11.11.2014.

2. It is the contention of the learned counsel for the appellants that the appellant-plaintiffs are in possession of land as tenants for the last 70 years and this aspect has been established on the basis of the revenue records which have been placed on record. He contends that except for the entries in the jamabandis for the year 1950-51, Ex.P-6 and P-7 respectively, where possession is shown of the respondent-defendants, the entries with re





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