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2018 Supreme(P&H) 3752

ANIL KSHETARPAL
Parbhat – Appellant
Versus
Surender Singh – Respondent


Advocates Appeared:
Arun Jain, Senior Advocate with Varun Parkash, Advocate, for the Appellants

JUDGMENT

Anil Kshetarpal, J. (Oral) - By this judgment, appeals bearing RSA Nos.3367, 3374 to 3382, 3581 to 3583, 4901, 5095 and 5097 of 2016 shall stand disposed of.

2. Learned counsel for the appellants has accepted that question involved in all these appeals is common.

3. Tenants are claiming declaration to the effect that they have become owners of the land, in view of the provisions of the Punjab Tenants (Vesting of Proprietary Rights) Act, 1953 ('the 1953 Act'). The tenants are further claiming that they be declared occupancy tenants, in terms of Section 8 of the Punjab Tenancy Act, 1887 ('the 1887 Act'). Plaintiffs/Tenants also prayed for grant of decree for permanent injunction.

4. The learned trial court decreed the suit filed by the plaintiffs after recording a finding that although the plaintiffs do not fulfill the requirements of Section 5(2) of the 1887 Act, yet they are entitled to be declared as occupancy tenants under Section 8 of the 1887 Act and hence became owners under the 1953 Act. However, the learned first appellate court reversed the judgment and decree passed by the trial court and hence dismissed the suit filed by the plaintiffs-tenants. Regular Second appe

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