Law: Punjab Tenancy Act, (XVI of 1887)

Section: 38

(a) Punjab Tenancy Act`(XVI of 1887) S.38 Occupancyright AbandonmentOnusOnus toprove sufficiency of cause leading to abandonment of occupancy rights Held, shifts to tenant after tenant fails for more than one yea: tea cultivate tenancy and fails to arrange for payment of rent as it fell due[Burden of proof] (b) Punjab Tenancy A, 1XV1 of 1887)  S. 38No proof on record to reach conclusion of landlord having come to occupy land because of failure of occupancy tenant for a whole year prior to occupation of land or that he got any mutation of extinction of tenancy attested in his favourFact of landlord having possession of land for at least ten or twelve years, held, does not make case one of abandonment of occupancy rights. Manji Sahib v. Mani Ram A I R 1940 Lah. 154 ; Sher Ali Khan v. Nawab and others P L D 1962 Pesh. 110; Allah Ditta v. Bagh Ali and others P L D 1975 Lah. 49 and Muhammad Afsar and others v. Allah Ditta and others 1970 S C M R 118 ref.                                                                                                      JUDGMENT This judgment will dispose of R. S. As. Nos. 907 and 908 of 1965 as the3 both raise common question of law and facts. 2. This is an appeal against the judgment of the learned District Judge, Rawalpindi, dated 17th June, 1965 by which the judgment of the learned trial Court, Rawalpindi, dated 31st March, 1965 dismissing the suit filed by the respondents was set aside. 3. The respondents filed a suit for a declaration that the land measuring 10 kanals and 12 marlas situate in village Ojhari Garanani was in their exclusive possession and that the appellants had no subsisting interest therein and as such defendants Nos. 1 to 5 had no right to recover the compensation from the Capital Development Authority, Rawalpindi, impleaded as defendant No. 6. In this Court the representative of the Capital Development Authority appeared and made a statement that the C.…