STATE OF H.P. Vs. GIRJA KUMAR

JUDGEMENT

(1.) This second appeal at the instance of the Defendants against the concurrent findings of the two Courts below has been admitted for hearing on the two following substantial questions of law:

(2.) Briefly, the facts of the case leading to the present appeal may be thus stated. Land measuring 2-4-10 bighas comprising of khata No. 72 min, khatuni No. 95 and Khasra No. 73 of village Bhiouli, Tehsil Sadar, District Mandi (hereinafter referred to as the land in dispute) is recorded in the revenue records under the ownership of the Defendants and under the illegal and unauthorised possession of the Plaintiffs. During the course of settlement, proceedings under Section 163, H.P. Land Revenue Act, 1953 for the ejectment of the Plaintiffs were initiated and consequently an order of ejectment of the Plaintiffs from the land in dispute came to be passed by the Settlement Officer exercising the powers of the Assistant Collector 1st Grade on 2.4.1970.

(3.) The Plaintiffs on 27.2.1989 filed a suit, being suit No. 41 of 1989 before the Senior Sub-Judge, Mandi, for declaration to the effect that they are coming in adverse possession of the land in dispute for the last more than 40 years and have acquired title thereto with the efflux of time and that the order dated 2.4.1970 passed by the Settlement Officer is wrong, null and void and without jurisdiction. A prayer for permanent injunction as a consequential relief was further made for restraining the Defendants from ejecting, or causing any interference with the possession of the Plaintiffs on the basis of the said wrong order dated 2.4.1970. It was averred that the Defendants through their agents and servants since 24.10.1988 have started interferring with their possession in order to forcibly evict them from the land in dispute.