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SUDEEPTI SHARMA
Kailash – Appellant
Versus
Baldev – Respondent
JUDGMENT
Sudeepti Sharma, J.
CM No.11228-C of 2023
Prayer is for condonation of 65 days delay in filing the present appeal.
2. For the reasons mentioned in the application, which is supported by an affidavit, the same is allowed. Delay of 65 days in filing the appeal is condoned.
Main case
3. Appellants-defendant Nos.6A & 6B have preferred this regular second appeal being aggrieved by the judgment 10.04.2023 passed by the learned Additional District Judge, Rewari whereby the appeal filed by them against the judgment and decree dated 10.09.2015 passed by the learned Civil Judge (Jr. Division), Rewari, decreeing the suit of the respondent No.1/ plaintiff has been dismissed.
4. Briefly noticed, the facts of the case are that respondent No.1/plaintiff had instituted a suit seeking relief of declaration to the effect that the plaintiff and proforma defendants were coming as tenants in possession of suit land comprised in Khewat No.98, Khatoni No.123, Rectangle No.78, Killa No.21/2 (3-6) 22 (8-0), Rect No.87, Killa No.3 Min garab (6014) total measuring 18 kanal situated within the revenue estate of Village Baasduda, Tehsil & District Rewari since previous 60 years on payment of rent revenu
The court affirmed that occupancy rights can be established through long-standing tenancy and implied promises, as per the Punjab Tenancy Act and the 1952 Act.
Occupancy rights under the Punjab Tenancy Act require clear agreements at tenancy inception; mere long possession or nominal rent is inadequate.
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