(i) Punjab Tenancy Act, 1887, Section 9, Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1952, Section 2(f), Section 3 — Occupancy tenancy — Right of occupancy cannot be acquired by mere lapse of time. A tenant claiming ownership as an occupancy tenant must satisfy...
(ii) Punjab Tenancy Act, 1887, Section 5, Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1952, Section 3 — Claim to ownership by occupancy tenant — The plaintiffs failed to prove that they fulfilled the criteria of occupancy tenancy. Their possession was not for more...
(iii) Code of Civil Procedure, 1908, Order II Rule 2 — Bar of subsequent suit — Where in the earlier suit the plaintiff had claimed only tenancy and injunction, the later suit for declaration of ownership in respect of the same property was barred because...
(iv) Evidence Act, 1872, Sections 74, 77, 114, Punjab State law of revenue records — Rapat Roznamcha entries — Rapat Roznamchas made by the Patwari in discharge of official duties are public documents and certified copies are admissible in proof of their contents. A presumption...
(v) Evidence Act, 1872 — Proof of receipts and execution of documents — Mere exhibition of receipts does not prove their execution. A signature on a document does not by itself establish that the contents were admitted and understood. The plaintiffs failed to prove the...
(vi) Evidence Act, 1872 — Appreciation of evidence — The plaintiffs failed to prove that Rumal Kaur’s thumb impressions on the Rapat Roznamchas were obtained by deceit, fraud, misrepresentation or concealment of facts. In the absence of specific pleading and proof, the revenue entries could...
(vii) Civil Procedure Code, 1908 — Concurrent findings of fact — The trial Court and the First Appellate Court had concurrently found that Rumal Kaur relinquished possession on 22.10.1981 and that the plaintiffs failed to prove occupancy rights. The findings were based on correct appreciation...
(viii) Contempt of Courts Act, 1971, Code of Criminal Procedure, 1973, Section 482 — Status quo order and criminal proceedings — As the plaintiffs were found not to be in possession at the relevant time and no violation of the status quo order was established,...
