STATE OF H.P. Vs. PADAM DASS

JUDGEMENT

(1.) This second appeal is directed against the judgment and decree dated 12.10.1997 of Additional District Judge (I), Shimla passed in Civil Appeal No. 104/S/13 of 1992 dismissing the appeal of the appellant -State filed against the judgment and decree dated 4.9.1992 passed by the Sub Judge 1st Class (2), Shimla in case No. 121 -1 of 1988 decreeing the suit of the respondent -plaintiff for declaration and injunction. The parties in this judgment hereinafter are referred to as the plaintiff and defendant -State.

(2.) Plaintiff Padam Dass filed suit against the defendant -State alleging, inter alia, that the land comprising Khasra No. 423/1 and 1423/2 admeasuring 11.2 bighas and land having khasra No. 1/5 admeasuring 0 -3 biswas (hereinafter the suit land) situate in Chak Sharan, Sub Tehsil Nankhari, District Shimla recorded in the record of rights in favour of the defendant -State was coming in his possession for the last more than 60 years openly, adversely and his possession being continuous and hostile to the knowledge of the defendant -State, has ripened into ownership.

(3.) The plaintiff stated that he and his forefathers were in possession of the suit land for the last more than 60 years and they have planted apple, almond and apricot plants on the suit land. His forefathers had been sowing crops on this land before it was covered under plantation. The plaintiff and his forefathers have also constructed double storeyed house with Khalyan (threshing floor), Kharori (store room) and another single storeyed house on the suit land which has been constructed long -long back. The plaintiff also submitted that his predecessors -in -interest have other land in their ownership and possession adjacent to the suit land and about 35 years back from the date of filing of the suit a private partition took place between plaintiffs father and his uncles and in the said family partition, the suit land fell to the share of his father. The plaintiff further stated that the suit land has wrongly vested in the State under the provisions of Himachal Pradesh Ceiling and Land Holdings Act, 1973, in view of the long standing hostile possession of the plaintiff. It was alleged that the ejectment proceedings were initiated against the plaintiff in the year 1986 and the Assistant Collector 2nd Grade passed ejectment order dated 15.6.1987. Feeling aggrieved against the said order an appeal was preferred before the Collector, Rampur Bushehr which was also dismissed on 26.7.1987 and further revision was also dismissed by the Divisional Commissioner on 15.6.1988. On these premises, suit for declaration and perpetual permanent prohibitory injunction came to be filed by the plaintiff.