PIAR SINGH Vs. STATE OF HP

JUDGEMENT

(1.) This appeal under Section 100 CPC is directed against the Judgment and decree dated 9.5.2000 passed by the learned District Judge whereby he dismissed the appeal of the appellants (here-in-after referred to as the plaintiffs) and upheld the Judgment and decree of the Sub Judge 1st Class, Ghumarwin dated 31.1.1992 dismissing the suit of the plaintiffs.

(2.) The undisputed facts are that Shri Piar Singh, appellant was working as Kanungo in the office of the Deputy Commissioner, Bilaspur. He was owner of land measuring 3.15 bighas comprised in Khasra No. 1145/1. He applied for exchange of this land with Government land comprised in Khasra No. 838 measuring 3.15 bighas situated in the same village. From the file it is apparent that he moved this application on 17.1.1985 before the Deputy Commissioner, Bilaspur. On that very date the Deputy Commissioner, Bilaspur with great alacrity sent the file to the office of the Field Kanungo of the circle and on the same day i.e. 17.1.1985 itself the file was returned to the office of the Deputy Commissioner with a report supporting the case of the appellant and vide order dated 29.8.1985 this Nautor land was granted to the petitioner.

(3.) Respondent No. 2 Dhani Ram had also filed an application for exchange of land. This application was filed on 10.12.1985 to the very same Deputy Commissioner. It was sent to the Tehsildar Ghumarwin and was returned to the office of the Deputy Commissioner through the Sub Divisional Officer (Civil) in June 1986 and was not even decided till 4.2.1987 when the revision was decided by the Financial Commissioner.