STATE OF HP Vs. ASHOK KUMAR

JUDGEMENT

(1.) CMP No.850/2010 Heard. Application is allowed. Appeal is heard afresh. RSA No. 156/2007 This Regular Second Appeal was admitted on the following substantial questions of law:

(2.) Whether the judgment of the lower appellate Court can be sustained when it ignores the longstanding entries in the revenue record in favour of the State and the evidence on the record showing that the land was donated to the State in the year 1917 for the purpose of construction of a hospital? 2. Appeal is directed against the judgment and decree dated 2nd December, 2004 of learned District Judge, Whether reporters of the local papers may be allowed to see the judgment? whereby, accepting the appeal of respondents Ashok Kumar and others (hereinafter called plaintiffs-respondents), judgment and decree dated 31st March, 2004 of the learned trial Court dismissing the suit were set aside and the suit of the plaintiffs-respondents was decreed.

(3.) Plaintiffs-respondents filed a suit for possession of land measuring 467 square metres, bearing Khasra Nos.672, 674 and 1937, situate in Mauza Rey, Tehsil Fatehpur, District Kangra, hereinafter referred to as suit land, claiming that they were owners in possession of the suit land, but the defendants in connivance with the settlement staff got the entries changed in their favour, in the revenue record prepared in the year 1985-86 and on the strength of those entries dispossessed them in the year 1988..