Back
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
DEEPAK GUPTA
Ram Nath (since deceased) thr LRs – Appellant
Versus
Bhagwan Singh – Respondent
DEEPAK GUPTA, J.
This judgment disposes of two Regular Second Appeals, which arise out of identical facts and raise common questions of law and fact.
2. For convenience, the facts are taken from RSA No.1236 of 1991 titled ‘Ram Nath & Others v. Bhagwan Singh & Others’, which arose out of Civil Suit No.475 of 1989 titled ‘Sheoraj Singh & Others v. Ram Nath & Others'; and Civil Appeal No. 82/13 of 1989 titled 'Sheoraj Singh & Others v. Ram Nath & Others
3. Background : Plaintiffs (who are respondents herein) claimed title and possession to 04 Kanal 16 Marla of agricultural land described in paragraph 1 of the plaint. The suit land formerly formed part of an undivided joint holding of Shamlat Patti Ram Singh in Village Jatoli, in which both the parties were also the co-sharers. The plaintiffs assert that the joint holding was partitioned by mutation No.3173 dated 25.09.1973, pursuant to which the suit land fell to their share. Defendants were allotted other land out of the joint holding. As per plaintiffs, after partition, defendants continued in possession of that land despite its allotment to the plaintiffs and refused to surrender possession on demand. The plaintiffs therefore sued for
The absence of a lease agreement and denial of tenancy by defendants establishes them as unauthorized occupants, not tenants, under relevant tenancy laws.
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.
The courts affirmed the plaintiffs' continuous possession and rights over the tenancy land, rejecting the defendants' claims of sole tenancy due to lack of evidence.
The court upheld the presumption of joint family property, ruling that no valid partition had been established, thus entitling the plaintiffs to their shares.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
