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Documents citing Tara Chand And Anr. vs Neonand Alias Naunda And Anr. on 18 May, 2005

Jagmal Singh And Others vs Sarbati And Others on 2 February, 2011

I have carefully considered the aforesaid contention. It is correct that technically, only Civil Court has jurisdiction and Revenue Court has no jurisdiction to decide the question of occupancy tenancy. However, defendants challenged judgment Ex.P-3 by filing appeal before Collector which was dismissed. Thereafter the defendants did not challenge the said judgment in any manner. They did not challenge the same even in their written statement in the present suit. Moreover the said judgment even if held to be without jurisdiction would not be legally binding regarding the finding of occupancy tenancy, but nevertheless, it would have evidentiary value. Perusal of judgment Ex.P-3 passed by Revenue Court reveals that Jamabandis since 1938-39 till date were produced in that case depicting plaintiffs to be tenants over the suit land continuously since 1938-39 till date on fixed rent of Rs.13/- and Rs.22/- per annum. In view thereof also, it becomes manifest that plaintiffs have become occupancy tenants over the suit land in view of Section 5(1)(a) read RSA No.4075 of 2009 (O & M) -4- with Section 5(2) of the Punjab Tenancy Act, 1887 and consequently, plaintiffs have become owners of the suit land in view of provisions of the Proprietory Act.
Punjab-Haryana High Court Cites 4 - Cited by 0 - L N Mittal - Full Document
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