- (1.) Leave granted.
(2.) This appeal arises from the judgment and order dated 7/4/1986 of the High court of Punjab and Haryana made in Regular Second Appeal No. 1292 of 1977
(3.) Admittedly, Respondents 5 to 15 were the tenants in occupation of the demised lands from 16/12/1931. The Punjab Occupancy Tenants (Vesting of Property Rights) Act, 1952, (for short 'the Act') came into force on 15/6/1951. Section 2 of the Act defines "appointed day" and "occupancy tenant", thus: "(A) 'appointed day' means (i) in relation to any tenant who, immediately before the commencement of this Act, is recorded as an occupancy tenant of any land in the revenue records, the 15th day of June, 1952; (ii) in relation to any tenant who obtains a right of occupancy in any land after the commencement of this Act, the date on which he obtains such right of occupancy, * * * (F) 'occupancy tenant' means a tenant who, immediately before the commencement of this Act, is recorded as an occupancy tenant in the revenue records and includes a tenant who, after such commencement, obtains a right of occupancy in respect of the land held by him whether by agreement with the landlord or through a court of competent jurisdiction or otherwise, and includes also the predecessors and successors-in-interest of an occupancy tenant. "then, Section 3 of the Act reads: "Vesting of proprietary rights in occupancy tenants and extinguishment of corresponding rights of landlords. Notwithstanding anything to the contrary contained in any law, custom or usage for the time being in force, on and from the appointed day (a) All rights, title and interest (including the contingent interest, if any, recognised by any law, custom or usage for the time being in force and including the share in the Shamilat with respect to the land concerned of the landlord in the land held under him by an occupancy tenant, shall be extinguished, and such rights, title and interest shall be deemed to vest in the occupancy tenant free from all encumbrances, if any, created by the landlord: Provided that the occupancy tenant shall have the option not to acquire the share in the Shamilat by giving a notice in writing to the Collector within six months of the publication of this Act or from the date of his obtaining occupancy rights whichever is later. (b) The landlord shall cease to have any right to collect or receive any rent or any share of the land revenue in respect of such land and his liability to pay land revenue in respect of the land shall also cease; (c) The occupancy tenant shall pay direct to the government the land revenue accruing due in respect of the land; (d) The occupancy tenant shall be liable to pay, and the landlord concerned shall be entitled to receive and be paid, such compensation as may be determined under this Act. ";