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(2025) Law Today Live Doc. Id. 20818 = 2025:PHHC:121386 = 2026(1) RCR (Civil) 195
Reserved on 04.09.2025 Decided on: 08.09.2025
Alongwith
RSA-400-1994, Gharsi Ram and others v. Prayag Chand and others
Present:
Mr. Ajay Jain, Advocate for the appellant(s).
Respondent Nos.1 and 2 ex parte vide order dated 17.11.2018.
Respondent Nos.2 to 5 ex parte before the trial Court.
A. Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1952 (8 of 1953), Section 3 – Occupancy tenant recorded as owner in revenue record/ Jamabandi – No question of getting a declaration from the Court to the effect that he had become the owner by virtue of the 1952 Act.
(Para 15)
B. Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1952 (8 of 1953), Section 3 – Death of occupancy tenant -- After getting ownership, he died without leaving behind legal heirs -- Effect of -- Occupancy tenant was already recorded as an owner well before his death -- As such, the defendants-appellants, the erstwhile landlords were left with no right, title or interest whatsoever in the suit land so as to seek redemption of the same – Trial Court rightly set aside mutation re-entered in the name of erstwhile owner.
(Para 16, 17)