Mr. Amol Rattan Singh, J.:- This appeal has been filed by the defendants in a suit filed by the respondents-plaintiffs (hereinafter to be referred as the plaintiffs), on 15.04.2006, seeking a decree of declaration with a consequential relief of permanent injunction against the present appellants (hereinafter to be referred to as the defendants), that the plaintiffs be declared to have become owners of the suit property, by virtue of the provisions of the Punjab Tenancy Act, 1887 and the Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1952, as the plaintiffs were in cultivating possession of the suit land for more than 60 years, on payment of land revenue and cesses.

It was also contended that the defendants, wrongly and illegally, without notice to the plaintiffs, got an entry of “half batai” entered in the jamabandi for the year 1996-97, allegedly in collusion with the Halqa Patwari.

2. Upon notice issued to them, the defendants (present appellants) appeared and filed their written statement, taking a preliminary objection on maintainability of the suit and further stating that since the plaintiffs are tenants on a half “batai” and the defendants are the land