RAJEEV NAYAN SAKLANI Vs. U P STATE

JUDGEMENT

(1.) This appeal has been filed against the judgment and decree dated 15-6-1991 passed by the learned District Judge, Tehri Garhwal wherein he dismissed the Civil Suit No. 19 of 1985.

(2.) Brief facts giving rise to this appeal are that Rajiv Nain Saklani is the owner and in possession of land situated in Kirdo Tok, Kalwan Tok and Batwaldhar Tok of village Kalwan Tekhna, Patti Saklana, District Tehri Garhwal. Earlier this village was a part of village Majhgaon, Patti Saklana but now it is a separate revenue village. 4.5 hectares of land is situated in Kalwan and Kundo Tok whereas 3.50 hectares of land lies in Batwaldhar name Tok. Late Sridatt Saklani, grandfather of the plaintiff/appellant was the Muafidar of this land during the British Government. Late Sridatt Saklani was in possession of this land since 1903. This land was entered in Plot Nos. 66 to 76, 136 to 170 in khata No. 1 and plot Nos. 1 to 16, 25 to 27 and 36 to 58 in khate No. 2.

(3.) After the death of Sri Sridatt Saklani, Rajiv Nain Saklani became Muafidar of the said Muafi land. In the erstwhile Tehri Garhwal State in the year 1910, no khata of this land could be prepared for want of its measurements. This land was used for agriculture since the times of plaintiff/appellant's grandfather. The plaintiff/appellant asked the defendant/respondent and its officers to prepare revenue record of the land in question but they avoided and asserted their title over the disputed land. In the year 1984, the defendant/respondent arrived at the disputed land and asked the plaintiff/appellant to leave the possession.