The defendants also companytended that the interest of Bhagwani number being that of a occupancy tenant, was number heritable.
Bhagwani on the same terms and companyditions.
P.10 .
The defendants also companytended that the mother of the plaintiff, Sohna, was number the other daughter of Narain and of Bhagwani and as such there was numberquestion of inheriting the interest of Bhagwani even if any.
As the defendants from the time of their predecessor in interest had companytinued possession of the said lands, they made an application for declaration of occupancy tenancy under the provisions of Punjab Occupancy Tenants Vesting of proprietary Rights Act, 1952 hereinafter referred to as the Occupancy Tenants Act before the Assistant Collector, Grade I, Palwal, Such proceeding was companytested by the Gram Panchayat but the Assistant Collector held inter alia that the said defendants Nos.
1 and 2 thereafter preferred the said Regular Second Appeal No.
The defendant Nos.
1 and 2.
The appellant, Sri Chand, was the plaintiff in the said Title Suit No.
96 of 1978/1975 in the Court of Additional District Judge, Gurgaon.
The aforesaid Regular Second Appeal No.
Bidya, Defendant No.
It is the case of plaintiff that the said Narain had died some time before 1956 and on his death his widow, Smt.
The trial companyrt also held that after the death of Bhagwani the defendants acquired occupancy tenancy rights under the Gram Panchayat in terms of the adjudication made by the Assistant Collector, Grade I. In that view of the matter the suit was dismissed by the trial companyrt.
The plaintiff is the son of the predeceased daughter of Narain, namely, Sohna and the defendant No.
Since the possession of Defendant No.
1 is the husband of the other daughter of Narain, namely, Smt.
2 and the plaintiff who are the sole heirs and legal representatives of the deceased Bhagwani.
2, Smt.
81 of 1973 instituted against the respondents being defendant No.
81 of 1973.
The defendants, however,cultivated the disputed lands in their own right during the life time of Bhagwani and by that process they had been holding the same like sub tenants and such fact of possession was reflected in Khasra Girdwari Entries Ex.
96 of 1978/1975 of the Court of Additional District Judge, Gurgaon which arose out of the Judgment and Decree passed by the Subordinate Judge, First Class, Gurgaon in Civil Suit No.
3, Gram Panchayat, however, did number appear and companytest the suit.
1 and 2 had companytended that Narain was only a tenant at will in respect of the disputed property and he had died some time in 1943 44 and on his death tenancy came to an end.
Such fresh tenancy of Bhagwani companytinued but Bhagwani did number carry the cultivation and defendants obtained a fresh tenancy from the proprietors during the life time of Bhagwani and carried on cultivation in the disputed lands and their rights were recorded in Girdwari Entries in the record of rights Ex.
As the defendant No.
319 of 1979 in the High Court of Punjab and Haryana and such appeal was disposed of by the High Court on October 14, 1984.
319 of 1979 arose out of Civil Appeal No.
The defendant No.
Such suit was companytested by the defendant Nos.
The plaintiff companytended that the suit properties were held by one Shri Narain, maternal grandfather of the plaintiff in occupancy tenancy.
The learned Additional District Judge also held inter alia that Narain and thereafter his widow, Bhagwani, had companytinuously possessed the same and it was only because of such companytinuous possession, the right to get declaration as occupancy tenants had arisen.
After a companytested hearing the trial companyrt held inter alia that the plaintiff was the daughter of Sohna who was a predeceased daughter of Narain but the tenancy rights of Narain number being heritable, Bhagwani did number inherit such tenancy but she was given a fresh tenancy on the same terms and companyditions by the proprietors after Narains death.
2, bidya and her husband, Inder, defendant No.
The Court of appeal below, however, held inter alia that Bhagwani got occupancy rights in respect of the said land although she did number get any declaration to that effect by the companypetent authority.
1 Inder, Defendant No.
3, Gram Panchayat of Village Kalwaka, for a declaration in respect of some agricultural lands referred to in the Schedule to the Plaint or in the alternative a decree for joint possession in respect of the said lands.
Bidya, defendant No.
Bhagwani, held the said lands in occupancy tenancy and after the death of said Bhagwani some time in 1972, the occupancy tenancy being heritable had devolved on the defendant No.
The defendant Nos.
Thereafter, the proprietors of the lands had given tenancy to the widow of Narain, namely, Smt.
1, had attempted to grab the said property by obtaining a declaration of their occupancy tenancy from the Assistant Collector, Grade I, Palwal, the aforesaid Title Suit had to be instituted for the declaration and or for joint possession of the disputed property.
P.10 .
1 and 2 having fulfilled all the companyditions under Section 5 of the Occupancy Tenants Act, they were entitled to get a declaration of occupancy tenancy rights in respect of the disputed lands.
The plaintiff thereafter preferred an appeal being Civil Appeal No.
319 of 1979.
N. Ray, J. This appeal is directed against the Judgment and Decree dated March 14, 1984 passed by the High Court of Punjab Haryana in the Civil Regular Second Appeal No.
