x
S.5(2)--Occupancy Tenant--Conditions to be fulfilled are -
Tenant should have been in possession for continuous 30 years in land in dispute.
(2) Tenant should not have paid rent for land beyond amount of land revenue thereof and rates and cesses for time being chargeable thereon.; Mohan Lal v. Union of India & Anr.; 2010(1) Law Herald (P&H) 710
S.5(2)--Occupancy Tenant--Mandatory condition not fulfilled for being declared occupancy tenant--Appellant failed to prove that he was in possession for continuous 30 years in land in dispute--As per revenue record eight times lagan was paid by appellant--Therefore, it cannot be said that appellant was not paying amount beyond land revenue and charges and cess payable and not a nominal amount--Moreover, it was found that he was not a tenant on land in dispute as he was never inducted and his possession was found to be illegal.; Mohan Lal v. Union of India & Anr.; 2010(1) Law Herald (P&H) 710
S.111--Specific Relief Act, 1963, S.34--Memorandum of Partition--Permanent Injunction--Entry in Jamabandi--Correctness of--Memorandum of partition reveals that plaintiff and defendant no.1 got 4 kanals land each out of Killa no.22//10--Said document pleaded by defendants fully rebuts presumption of correctness attached to entry in Jamabandi in which defendant was shown to be in possession of 5 kanals land of Killa no.22//10 min whereas plaintiff shown to be in possession of 3 Kanals land of Killa no.22//10 min--Moreover, defendants themselves pleaded their possession over 4 kanals land only out of Killa no.22//10--Defendant now cannot plead that he is in possession of 5 kanals land out of killa no.10--Amendment filed by defendant pleading possession of defendant over 5 kanals of land in stead of 4 kanals out of killa no. 10 not allowed--Suit of plaintiff rightly decreed in respect of 4 kanals land of killa no.22//10 min.; Gurmail Ram & Ors. v. Amrik Singh ; 2010(1) Law Herald (P&H) 649
