Law: Civil Procedure Code (V of 1908)

Section:

  Civil Procedure Code (V of 1908), S. 100-Adverse posses sion and abandonmen tenancy rights-Mixed questions of law and fact liable to be raised in second appeal-C Procedure Code (V of 1908) [as amended by Code of Civil Procedure (Amendm Ordinance (XLIV of 1962)), S. 115-Limitation Act (IX of 1908), Art. 144-Punjab Tena Act (XVI of 1887), S. 38.   Hans Gir v. Raghbir Singh A I R 1934 Lah. 163 not fol.   Muhammad Umar Khan and another v. Razi Khan etc. (1919) 170 P R 450 ; Muhamm Din v. Khushi Muhammad A I R 1930 Lah. 215 ; Aswani Kumar Dhupi v. Har Ku Ghosh A I R 1928 Cal. 891 ; Dipnarain Bai v. Pundeo Rai A I R 1947 Pat. 99 Nizamuddin v. Mangal Sen A I R 1949 All. 699 fol.   Punjab Tenancy Act (XVI of 1887), S. 38-Tenant-at-will cultivating land un occupancy tenant but paying rent direct to landlord-No abandonment of occupancy ri as contemplated by section 38-Collusion of tenant-at-will with landlord-Does not af rights of occupancy tenant.   Amir Bakhsh v. Khuda Yar P L D 1960 Lah. 256 ref.   Limitation Act (IX of 1908), Art. 144-Occupancy tenancy-Occupancy tenant putting tenant-at-will in possession of land for purpose of cultivation and payment     of         rent      to             landlord----      Possession        of tenant-at-will permissive and not adverse-Landlord cannot acquire occupancy tenancy rights by - adverse possession except in case of abandonment or by proving his rights to be open, hostile and adverse.   Punjab Tenancy (Amendment) Act (VII of 1952), S. 114 Words "occupies land as such"- Contemplate constructive posses sion through tenant-at-will as well.   Umar Said and others, v. Faiz Muhammad Khan P L D 1961 Pesh. 110 rel. JUDGMENT   Qaim Din defendant-respondent was admittedly the owner of occupancy rights in Khasra Nos. 520, 521, 523, 524, 525, 527 and 571, measuring 158 kanals 18 marlas, situated in the area of Ratwal, Tehsil Fatehjang, on payment of rent in kind up to half of the produce. He was recorded as…