STATE OF HIMACHAL PRADESH Vs. SHRI GIAN CHAND

JUDGEMENT

(1.) This second appeal against the judgment and decree of learned Additional District Judge, Solan, Camp Nalagarh, dated December 18, 1992 was admitted on October 13, 1993.

(2.) In order to appreciate the controversy, necessary facts may be noticed thus:

(3.) Land comprised in Khasra Number 1605 measuring 60 bighas 11 biswas, situate in village Bhatian, Tehsil Nalagarh, is in the ownership of the State of Himachal Pradesh as per entries in the revenue record. A portion of this land, comprised in Khasra Numbers 1605/1, 1605/2 and 1605/3 measuring 2 bighas 12 biswas, (suit land in short) is in possession of Plaintiff Gian Chand. Assistant Collector, 2nd Grade, Nalagarh, proceeded against the Plaintiff under Section 163 of the Himachal Pradesh Land Revenue Act and directed his eviction vide orders dated March 24, 1987 (Ext. PI). Feeling aggrieved, Plaintiff filed a suit before the learned Sub Judge 1st Class, Nalagarh (No. 138/1 of 1987) for declaration that he is owner in possession of the suit land and the revenue entries showing Defendant-State of H.P. as owner of the suit land are illegal, null and void and the order of ejectment passed by the Assistant Collector 1st Grade, Nalagarh (Ext. P1) are also illegal, null and void, without jurisdiction and not affecting the rights of the Plaintiff. In consequence, the Plaintiff seeks to restrain the Defendant-State from interferring with his possession over the suit land or forcibly dispossessing him from the same.