STATE OF H.P. Vs. GURNAM SINGH

JUDGEMENT

(1.) This second appeal arises out of the Judgment and decree of learned Additional District Judge, Solan, Camp at Nalagarh, dated 18th December, 1992 passed in Civil Appeal No.6 - NL/13 of 1992.

(2.) In order to appreciate the controversy the facts in brief may be noticed thus: Gurnam Singh, respondent herein and defendant before the Assistant Collector 1 st Grade, Nalagarh was found in illegal possession of the Government land comprised in Khasra No. 1085 to the extent of 0 -2 biswas (denoted by khasra No. 1085/1) situate in village Dhang Nihili, Tehsil Nalagarh Distt. Solan (suit land for short). A notice under Section 163 of the Himachal Pradesh Land Revenue Act, was issued by the Assistant Collector, Nalagarh, to respondent Gurnam singh to show cause against his eviction from the suit land and imposition of fine. .

(3.) Defendant Gumam singh in his reply raised plea that the Assistant Collector has no jurisdiction to entertain and try the case under Section 163 of the H.P. Land Revenue Act. The case of the defendant is that his uncle Mast Ram constructed a residential house -cum -shop over the land measuring 0 -10 biswas of khasra No. 958 in the year 1950 as a member of Joint Hindu Family. Defendant also took a plea that the land, subject matter of the dispute, is Shamlat Deh and it never vested in Gram Panchayat under the law nor it could validly vest in the State of Himachal Pradesh as there was a residential house -cum -shop of the defendant on this land since the year 1950. The defendant claimed that he has become owner of the suit land by adverse possession.