LAWS(SC)-2004-9-185

STATE OF H. P. Vs. HARNAMA

Decided On September 30, 2004
State Of H. P. Appellant
V/S
Harnama Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) In this appeal, the judgment of the High Court made in the second appeal is under challenge. The following substantial questions of law were formulated by the High Court while admitting the second appeal:

(3.) The High Court answered the first substantial question of law against the appellant State holding that the possession of the land in question had not been taken and consequently, it did not vest in the State. The other substantial questions were not answered as the result of the case depended upon the answer to the first substantial question of law. The first appellate court also had recorded the finding to the same effect in relation to the possession. In the impugned judgment, it is stated thus: