BALBIR SINGH Vs. SMT. KINZOM (DECEASED)

JUDGEMENT

(1.) THE Plaintiff has come in appeal against judgment, decree dated 17.1.1998 passed by learned District Judge, Kullu in Civil Appeal No. 21/96, partly affirming and partly modifying judgment decree dated 30.3.1996 passed by learned Senior Sub Judge, Kullu in Civil Suit No. 160/90 and 80/95. The judgment shall dispose of RSA No. 157 of 1998 and Cross -Objections No. 94 of 1999.

(2.) THE facts in brief are that the Appellant had filed a suit for declaration with consequential relief of injunction alleging that land measuring 3 -1 bighas, Phati Soil, Kothi Barshal (for short suit land) is recorded in ownership and possession of Respondent by virtue of grant of patta as nautor and mutation No. 2363 was sanctioned on 15.6.1990. The Appellant has alleged that he is in adverse possession of the suit land through his father since the year 1955. The father of the Appellant had planted fruit bearing trees. The Appellant has inherited the estate of his father after his death. The suit land is adjacent to ancestral land of the Appellant. The possession of the suit land was never delivered to Respondent on the basis of nautor grant. The Respondent had started interference on the suit land. In these circumstances, the suit was filed.

(3.) THE further case of the Respondent is that the suit land was allotted to Respondent on 19.4.1978 under the 1975 Scheme and the possession was delivered to her. Moti Ram father of the Appellant had filed a revision against the grant made in favour of Respondent on the ground that she was not a permanent resident of District Kullu and she was not landless lady. The Collector had cancelled the grant and ordered the Tehsildar to initiate eviction proceedings against Respondent. The Respondent filed writ petition challenging the cancellation of grant. During the pendency of the writ petition Moti Ram had died and his legal representatives including Appellant were brought on record. They contested the writ petition. The High Court decided the writ petition on 1.1.1987. The Appellant filed fresh revision under Rule 9 -A of the 1975 Scheme which was dismissed by the Collector on 30.6.1989 and the grant made in favour of Respondent was held valid. Thereafter mutation No. 2363 dated 15.6.1990 was attested in favour of the Respondent. The Respondent prayed for dismissal of the suit and also prayed that in case it is found that Appellant had succeeded in dispossessing the Respondent from whole or any part of suit land then possession of the same on the basis of title may be ordered to be delivered to the Respondent by way of counterclaim.