STATE OF UTTARANCHAL Vs. LOK MANI SHARMA

JUDGEMENT

(1.) Heard Standing Counsel for the appellants and Sri C. K. Sharma counsel for the respondent.

(2.) The present appeal has been preferred by the defendant appellant against the judgment and decree dated 10-10-2002 passed by the Additional District Judge, Kashipur in Civil Appeal No. 24 of 2002.

(3.) Briefly stated the respondent Lok Mani Sharma filed a suit for permanent injunction against the appellants in the Court of Civil Judge (J.D.) Kashipur, which was registered as Original Suit No. 2 of 1998. According to the plaintiff he is the permanent resident of village Hariawala, Tehsil Kashipur, District Udham Singh Nagar. He has been in possession over the land of Gata No. 174 area 2.27 hectare since long. The plaintiff used this land for plantation. The land is recorded in the name of the plaintiff in Verg-12 in revenue records. During consolidation proceedings, the Consolidation Officer vide order dated 13-6-1997 directed that the land be recorded in the name of the plaintiff in Vergika as Bhumidhar with transferable rights. No other person than the plaintiff had ever been in possession over the land in question. The plaintiff alleged that the defendants were trying to take illegal possession over the land in question and wanted to cut down the trees planted by the plaintiff over the land. Hence, the suit.