Amol Rattan Singh, J. - (1.) This appeal has been filed by the defendants in a suit filed by the respondents-plaintiffs (hereinafter to be referred as the plaintiffs), on 15.04.2006, seeking a decree of declaration with a consequential relief of permanent injunction against the present appellants (hereinafter to be referred to as the defendants), that the plaintiffs be declared to have become owners of the suit property, by virtue of the provisions of the Punjab Tenancy Act, 1887 and the Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1952, as the plaintiffs were in cultivating possession of the suit land for more than 60 years, on payment of land revenue and cesses. It was also contended that the defendants, wrongly and illegally, without notice to the plaintiffs, got an entry of "half batai" entered in the jamabandi for the year 1996-97, allegedly in collusion with the Halqa Patwari.
(2.) Upon notice issued to them, the defendants (present appellants) appeared and filed their written statement, taking a preliminary objection on maintainability of the suit and further stating that since the plaintiffs are tenants on a half "batai" and the defendants are the landlords on the suit property, the plaintiffs have neither become occupancy tenants, nor owners of the land and in fact, having failed to pay the "batai", are liable to be ejected from the suit land. The revenue entry of 'half batai' having been wrongly made in the jamabandi for the year 1996-97, was also denied by the defendants.
(3.) From the pleadings of the parties, the learned Civil Judge (Senior Division), Nuh, framed the following issues:- "1. Whether the plaintiffs have acquired the ownership rights in respect of the suit property and have become occupancy tenants under the Punjab Occupancy Tenants Act as alleged OPP 2. Whether the plaintiffs are entitled to the relief of injunction as prayed for OPP 3. Whether the suit of the plaintiff is not maintainable in the present form OPD 4. Whether the plaintiff has no locus standi to file the present suit OPD 5. Whether the plaintiff has concealed the true and material facts from the court OPD 6. Whether the civil court has no jurisdiction to try and entertain the present suit OPD 7. Whether the suit is bad for non-joinder of necessary parties OPD 8. Whether the plaintiffs are estopped from filing the present suit by their own act and conduct OPD 9. Relief.";