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2020 Supreme(P&H) 637

ANIL KSHETARPAL
Jagdish @ Jagdish Parshad – Appellant
Versus
Gram Panchayat – Respondent


Advocates Appeared:
For the Appellants :Mr. Amit Jain, Advocate

JUDGMENT :

Anil Kshetarpal, J.

1. The plaintiffs-appellants have filed the present Regular Second Appeal against concurrent findings of fact arrived at by the Courts below while dismissing the suit filed for grant of decree of declaration that the plaintiffs have become owners in possession by virtue of Section 3 of Punjab Occupancy Tenants (Vesting of Proprietory Rights) Act, 1951 on acquisition of occupancy rights under Section 5 to 8 of the Punjab Tenancy Act, 1887 being in continuous possession for a period of more than 30 years as tenants on payment of nominal lagan with respect to land measuring 24 kanals i.e 3 acres.

2. The plaintiffs claimed that their ancestor Jawahara and after his death, Dhanna s/o Jawahara cultivated the suit land alongwith his brothers Moti Ram and Surja Ram as tenants. Dhanna Ram and Surja Ram died unmarried and after the death of Moti Ram, his son Bhadar came in possession of suit land. Bhadar s/o Moti Ram was in continuous possession thereof on payment of Rs.15/- as lagan for more than 60-70 years. The defendant no.1- Gram Panchayat contested the suit by asserting that entry in the revenue record showing the ancestors of the plaintiffs to be in cultiva

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