ANIL KSHETARPAL, J.

1. Defendants-appellants are in the regular second appeal against the concurrent findings of fact arrived at by both the courts below.

2. In the considered opinion of this Court, question of law which arises for consideration is whether a person, who has been recorded as Gair Marusi (non-occupancy), is entitled to claim that he is occupancy tenant and consequently owner.

3. Plaintiffs filed a suit, claiming that they are in possession of 14 kanals situated within the revenue estate of Village Ujina, Tehsil Nuh, District Mewat in the capacity of occupancy tenant-BILLA LAGAN BAWAJAH DARINA KASHT. The plaintiffs further pleaded that they are in continuous possession of the land for the last more than 30 years and had paid no rent beyond the amount of land revenue. Hence, they have become owners as per the provisions of the Punjab Occupancy Tenant (Vesting of Proprietary Rights) Act, 1952 (`the 1952 Act' for short).

4. The defendants contested the suit and pleaded that the plaintiffs are neither owner nor in possession of the property. It is pleaded that the plaintiffs are living in Gurgaon which is 60 kms away from the village.

5. Both the courts, after consid