LAWS(HPH)-2010-7-24

STATE OF HIMACHAL PRADESH Vs. SOHAN LAL

Decided On July 05, 2010
STATE OF HIMACHAL PRADESH Appellant
V/S
SOHAN LAL Respondents

JUDGEMENT

(1.) State has appealed against the judgment and decree dated 14th March, 1996 of learned District Judge, whereby partly accepting the appeal of the appellant against the judgment and decree dated 30th March, 1990 of learned trial Court, though the decree declaring the plaintiff-respondent as owner of suit land, which measures 4 Marlas and forms part of Khasra No.513, shown by Khasra No.513 min, Khata No.122 min Khatauni No.194 min, as entered in the Jamabandi for the year 1983-84, has been reversed, yet decree for permanent prohibitory injunction restraining the defendant-appellant, i.e. State of Himachal Pradesh, from interfering in the possession of the plaintiff- respondent, as passed by the trial Court, has been upheld, Whether reporters of the local papers may be allowed to see the judgment? with the finding that the defendant-appellant is not the owner of the said land.

(2.) Plaintiff-respondent filed a suit for declaration that he was owner in possession of the above-described land, hereinafter referred to as suit land, as he had been in possession of the same for more than 30 years and had, therefore, acquired title by prescription.

(3.) Suit was contested by the defendant-appellant. It was stated that the State was the owner of the land and that the plaintiff-respondent had procured a false entry in the revenue papers, indicating that the suit land is under Abadi.