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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
PANKAJ JAIN
Om Parkash – Appellant
Versus
Dharam Pal – Respondent
Pankaj Jain, J.
Defendants No.1 to 3 are in appeal aggrieved of judgment and decree passed by Lower Appellate Court, whereby the suit filed by plaintiffs for possession by way of pre-emption has been allowed by the Lower Appellate Court by reversing the judgment and decree passed by Court of the First Instance. For convenience, the parties are being referred to by their original position in the suit before the Court of First Instance, i.e. the appellants as defendants and the respondents as plaintiffs.
2. Plaintiffs filed suit for possession by way of pre-emption asserting his superior right qua the suit land as tenant to pre-empt Sale Deed dated 08.07.1991, executed by defendants No.4 to 9, in favour of defendants No.1 to 3-the appellants. As per the plaintiffs, the land was previously under tenancy with their father namely Sish Ram, who was a tenant gair marusi. He was cultivating the suit land. After the death of Sish Ram, plaintiffs claimed to have become tenants gair marusi and in possession of the same. Defendants No.4 to 9 — the owners, sold the land for a consideration of Rs.35,000/- in favour of defendants No.1 to 3. Defendants No.1 to 3 are strangers to the suit lan
A claimant of tenancy must prove a contractual obligation to pay rent; mere possession does not confer tenancy rights.
A tenant cannot claim adverse possession against the landlord; the burden of proof lies on the tenant to demonstrate cessation of the landlord-tenant relationship.
Pre-emption rights cannot be asserted when the property in question is deemed non-pre-emptible due to reclamation, as established in the Punjab Pre-emption Act.
Tenancy – Mere entry of a non-occupancy tenant is not sufficient to determine tenancy and court has to look to column of rent to determine whether tenancy existed or not.
A claim of title and adverse possession cannot coexist; plaintiffs must establish their title to succeed in a suit for declaration.
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