AIR 1963 SUPREME COURT 361

Supreme Court Of India

(From : Himachal Pradesh)*

Hon'ble Judge(s): K. C. Das Gupta, J. R. Mudholkar , JJ

(A) Punjab Tenancy Act (16 of 1887) , S.77(3)— Tenancy Laws - Scope - Suit for possession against person claiming to be tenant - Status not admitted by plaintiff landlord - Suit not barred from cognizance of civil Court. Civil P.C. (5 of 1908) , S.9— There is no entry or item in S. 7 (3) relating to a suit by or against a person claiming to be a tenant and whose status as a tenant is not admitted by the landlord. It would, therefore, be reasonable to infer that the legislature barred only those suits from the cognizance of a civil Court where there was no dispute between the parties that a person cultivating land was a tenant. A suit for possession and mesne profits against the defendants who claimed to be occupancy tenants but whose status as tenants was denied by the plaintiff; is not barred from the cognizance of the civil Court under S. 73(3) read with the first proviso. (B) Civil P.C. (5 of 1908) , S.100, S.101— Landlord and tenant - Ejectment suit - Status of defendant as tenant denied by plaintiff - Finding as to status of defendant is finding of fact and cannot be set aside in second appeal - Conflict between entries In record of rights -- Evidentiary value - Presumption. Tenancy Laws. Punjab Tenancy Act (16 of 1887) , S.44— Evidence Act (1 of 1872) , S.35— ....