AIROnline 2020 P and H 309

Punjab And Haryana High Court

Hon'ble Judge(s): Arun Monga , J

Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act (8 of 1953) , S.3— Eviction - Vesting of proprietary rights in occupancy tenants - Plaintiffs claiming possession of suit land for being in continuous cultivating as 'gair marusi' possession - Defendants restrained from taking forcible possession of suit property from plaintiffs without following due procedure of law - Records revealing, suit property to be evacuee property and forefathers of plaintiffs were in settled possession - Person in settled possession of suit property cannot be evicted forcibly, without following due procedure of law - Failure of plaintiffs to prove to be occupancy tenant by way of any agreement with landlord - Defendants at liberty to seek eviction of plaintiffs in accordance with law. (Para 14 15)