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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
NIDHI GUPTA
Maan Singh – Appellant
Versus
Purshotam – Respondent
JUDGMENT :
Nidhi Gupta, J.
1. The plaintiffs are in second appeal before this Court against the concurrent findings of the learned Courts below, whereby the suit for declaration and perpetual injunction filed by the plaintiffs, has been dismissed by the learned Civil Judge (Junior Division), Narnaul vide judgment and decree dated 22.04.2015; and the appeal filed by the plaintiffs has been dismissed by the learned District Judge, Narnaul vide judgment and decree dated 25.07.2018.
2. The parties shall hereinafter be referred to as per their status before the learned trial court i.e. The appellants are the plaintiffs'; and the respondents are the defendants'.
3. The brief facts of the case as stated in the plaint are that the plaintiffs are the occupying tenants of the suit property situated at Narnaul as fully detailed in plaint. Prior to them, their forefathers had come in the exclusive ownership and possession over the estate. It is the case of the plaintiffs that the predecessor-in-interest of the plaintiffs namely Bhagwana had occupied the estate as occupancy tenant since the past 64 years prior to filing of the suit; and due to their long-standing possession over the estate, they ha
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.
Non-occupancy tenancy rights are inheritable under the Hindu Succession Act, contradicting earlier rulings that deemed them non-heritable.
The main legal point established in the judgment is that tenants dispossessed pursuant to a decree, which was subsequently reversed, have an absolute right to reclaim possession, and their registrati....
The Civil Court exclusively retains jurisdiction to declare occupancy rights, negating decisions made by revenue authorities.
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