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ANIL KSHETARPAL
Mandi Adampur Co-operative Society Ltd. – Appellant
Versus
Mohar Singh – Respondent
Key Points: - The literal meaning of "Gair Marusi" implies non-occupancy tenants cannot acquire occupancy rights under the Punjab Tenancy Act and related Acts. (!) (!) - The plaintiff-respondents failed to prove tenancy and occupancy rights with conclusive evidence; mere possession or revenue record entries (including gair marusi status) do not automatically establish tenancy/occupancy, requiring a contractual basis or clear evidence of occupancy. (!) (!) (!) - The court held that occupancy rights and subsequent vesting as ownership under the 1952 Act require clear proof of occupancy as defined and cannot be inferred from long possession or nominal rent; seven regular second appeals are allowed, setting aside lower court judgments. (!) (!)
JUDGMENT
Anil Kshetarpal, J. - Through this judgment, seven Regular Second Appeals bearing RSA Nos.1707 to 1710 of 2013 and 1761 to 1763 of 2013 shall stand decided as the issue which needs determination is common. Learned counsels for the parties are also in agreement that all these appeals can be conveniently disposed of by a common judgment.
2. The question which needs determination is whether the plaintiffs-respondents have become occupancy tenants and consequently owners, in terms of the provisions of the Punjab Tenancy Act, 1887 (for short 'the Act of 1887') and Punjab Tenants (Vesting of Proprietary Rights) Act, 1952 (for short 'the Act of 1952').
3. It would be appropriate to notice facts in each case.
Facts
4. In all these cases, the respondents-plaintiffs have filed separate suits for declaration to the effect that since they have acquired occupancy rights in respect of agriculture land in their possession, they have become owners under the Act of 1952.
5. In RSA No.1707 of 2013, the plaintiffs-respondents filed a suit for declaration that they have acquired occupancy
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