IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIRINDER AGGARWAL
Mool Chand (Since Deceased) Through His Lrs – Appellant
Versus
Bishan Dass – Respondent
JUDGMENT :
VIRINDER AGGARWAL, J.
1. Through the present Regular Second Appeal (for short “RSA”), the appellant-plaintiff has approached this Court seeking to set aside the judgment and decree dated 08.09.2025 rendered by the learned Additional District Judge, Rewari, whereby the judgment and decree dated 02.02.2022 passed by the learned Civil Judge (Senior Division), Rewai was affirmed. The trial Court had dismissed the suit instituted by the appellants–plaintiffs seeking decree for declaration and permanent injunction. The appellants has questioned the concurrent findings of the Courts below on the ground that the same are manifestly erroneous, legally untenable, and unsupported by the evidence on record.
2. In the majestic sweep of the factual canvas presented in the plaint, the plaintiff’s case emerges with crystalline clarity, as set out hereunder:-
“The subject land, situated within the revenue estate of Village Bharawas, Rewari, was originally allotted to the defendants' predecessor, Jassu Ram, and subsequently devolved upon the defendants via mutation No. 503 in 1954. Following consolidation, the estate was re-particularized as Khewat No. 423, comprising 17 Kanals 9 Marlas. The
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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