KRISHAN LAL Vs. GARJI AND ORS.

JUDGEMENT

(1.) THIS judgment shall dispose of RSA No. 232 of 1999 and RSA No. 294 of 1999 both having arisen from common judgment, decree dated 21.6.1999 passed by learned Addl. District Judge, Mandi in Civil Appeal No. 24 of 1992/52 of 1993(92) and Civil Appeal No. 30 of 1992 respectively.

(2.) IN fact Civil Suit No. 18/86/115/91 and Civil Suit No. 150/1986/159/91 were dismissed by common judgment, decree dated 24.1.1992 by learned sub Judge Ist Class, Karsog camp at Sundernagar. Garji had filed Civil Appeal No. 24 of 1992/52 of 1993 (92) against judgment, decree dated 24.1.1992 passed in Civil Suit No. 18/86/115/91. Krishan Lal had filed Cross -Objection No. 1/99(92) in Civil Appeal No. 24 of 1992/52 of 1993(92). Krishan Lal had filed Civil Appeal No. 30 of 1992 against judgment, decree dated 24.1.1992 in Civil Suit No. 150/1986/159/91. The learned Addl. District Judge has decided the aforesaid appeals and cross -objection by common judgment, decree 21.6.1999.

(3.) KRISHAN and State of Himachal Pradesh had contested the suit by filing separate written statements. Krishan resisted the suit on the grounds of maintainability, jurisdiction, lack of cause of action and locus standi. He has supported the grant and alleged that he is in possession of entire khasra No. 495 since grant, hence there is no question of interference in the alleged possession of Garji on land measuring 0 -19 -14 bighas out of khasra No. 495.