STATE OF H P Vs. ACHHRU RAM

JUDGEMENT

(1.) The present Regular Second Appeal, by the Defendant, i.e. State of Himachal Pradesh, was admitted on the following substantial questions of law:

(2.) Plaintiff-Respondent Achhru Ram was granted five bighas of land, under Nautor Rules, in the year 1974. Patta was issued in his favour. The very next year, an appeal was filed by one Bagwan Dass (now dead), before the Deputy Commissioner, alleging that Respondent was not eligible for grant of Nautor, on account of his income being more than Rs. 2,000/- per month and he being a member of a family headed by his father. That appeal was allowed and Nautor granted in favour of the Respondent was revoked. Achhru Ram filed further appeal and the revision, but without success.

(3.) Thereafter, the Plaintiff filed a suit, i.e. Civil Suit No. 62/1 of 87, seeking declaration that Nautor granted to him was valid and that the orders passed by the Deputy Commissioner, the Divisional Commissioner and the Financial Commissioner, revoking the grant, were illegal, void and ineffective qua his rights. He withdrew that suit, by making a statement and the same was dismissed as withdrawn on 26th November, 1987, vide order Ex. DF. Statement regarding withdrawal of the suit, which he made, is Ex. DG. Thereafter, he filed another suit, though he had not obtained any permission, at the time of withdrawal of the earlier suit, to file a fresh suit. It is out of that suit that the present appeal has arisen. In the suit, he sought the same declaration, which had been sought in the earlier suit.