IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARE RAM @ HARI RAM (SINCE DECEASED) THROUGH LRS. BIR SINGH – Appellant
Versus
DAULT RAM – Respondent
alleged payment of rent equivalent to land revenue and cesses, he claim to have acquired occupancy rights under the Punjab Tenancy Act, 1887 and, by virtue thereof, proprietary rights under the Punjab Occupancy Tenants (Ves"ng of Proprietary Rights) Act, 1953.
3. The defendant did not contest the proceedings before the trial Court and was proceeded against ex parte.
4. The trial Court, upon apprecia"on of the evidence led by the plain"ff, dismissed the suit on 22.08.2016. The First Appellate Court re- appraised the en"re record and concurred with the trial Court insofar as the claim of ownership was concerned.
5. This Court has heard learned counsel for the appellants and has perused the record.
6. The founda"on of the plain"ffs’ claim rests upon acquisi"on of occupancy rights. Under Sec"on 5 of the Punjab Tenancy Act, 1887, a tenant acquires a right of occupancy only upon strict sa"sfac"on of statutory condi"ons. These condi"ons include con"nuous occupa"on for the prescribed statutory period and payment of rent not exceeding land revenue and rates and cesses. Sec"on 8, being residuary in nature, does not dilute the rigour of Sec"on 5 but merely enables recogni"on of occupancy rights i
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