Law: Punjab Land Revenue Act, 1887

Section: 44,77

(a) Punjab Land Revenue Act (XIII of 1887), S. 44­--Entries in Revenue Record-"Ghair Maurusi"-Meaning Wajib-ul-arz-Contents, By itself the entry "Ghair Maurusi' does not necessarily imply that the person so described is a tenant. The Patwari uses these words for every person who is in possession without any right or title. The entries in the cultivation column are always to be read along with the entries in the rent column. 1928 Lah. 147 rel. Entries in a Wajib-ul-arz may be of two kinds. They may be statements of local custom or usage or they may be recitals of agreements. As statements of custom or usage they are strong evidence of the existence of such custom or usage but they have only an evidentiary value. Agreements incorporated in the Wajib-ul-arz are however binding but only on the parties to the agreements, and even in such cases it is open to a party to prove that in fact no such agreement was entered into though the task would be difficult. (b) Punjab Tenancy Act (XVI of 1887), S. 77-Plaintiffs and defendants not landlords and tenants on date of suits--­Civil Court has jurisdiction. It was not the case of the plaintiffs that the defendants were at the date of the suits tenants. The allegation was that they were originally non-occupancy tenants. They had repudiated their status as tenants. It was open to the plaintiffs to accept this and the plaintiffs accepted it. The result was that at the time when the suit was filed the defendants were not tenants of the plaintiffs. There was a statement in the plaint that the possession of the defendants was unlawful. Held, a suit under these circumstances was cognizable by a Civil Court. 236 PLR 1911 rel. JUDGMENT KAIKAUS, J.-This judgment will dispose of Regular Second Appeals Nos. 230 and 231 of 1951. They are both cases in which proprietors to whom Shamilat was allotted on partition filed suits for possession against persons who `were already in possession of the land. On account of similarity of questions involved both the suits were tried together by the learned Sub-Judge and on appeal also they were dealt with by one judgment. The suits were decreed by the trial Court. On appeal both the suits were…

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