STATE OF HIMACHAL PRADESH Vs. CHET RAM

JUDGEMENT

(1.) This Regular Second Appeal is directed against the judgment and decree of the learned District Judge, Shimla dated 3.9.1993 whereby decree of the trial court dated 11.12.1990 was upheld.

(2.) In order to appreciate the controversy, facts necessary for the disposal of this appeal may be noticed :

(3.) It appears that land comprised in Khasra No. 210 measuring 27 -11 bighas situated in Chak Bandali, Tehsil Theog in District of Shimla is owned by the State of Himachal Pradesh. In the revenue record the possession of this land is shown that of the rightholders as charand. Out of this land plaintiff was found to be in possession of 2 -15 bighas of land as denoted by Khasra No. 210/1 in Tatima Ext P -4. The unauthorised possession was noticed by the Halqa Patwari, who made a report, regarding this unauthorised possession of the plaintiff, to the Assistant Collector on 28th of May, 1987. The Assistant Collector, Theog initiated proceedings for the eviction of the plaintiff under Section 163 of the Himachal Pradesh Land Revenue Act, (here -in -after referred to as the Revenue Act). Plaintiff in his reply to the show cause notice denied the allegation of encroachment and maintained that he is in adverse possession of this portion of land for the last over 30 -32 years and has also planted apple orchard. However, the Assistant Collector vide his orders dated 20th August, 1988 found plaintiff to be in unauthorised possession of this land and accordingly directed his eviction under Section 163 of the Revenue Act. He also imposed penalty of Rs. 500 oh the plaintiff.