BHAG SINGH Vs. ABDUL MOMIN

JUDGEMENT

(1.) Bhag Singh has filed this appeal against common judgment, decree dated 2.6.2003 passed by the learned District Judge, Bilaspur in Civil Appeal No. 87 of 1996, Civil Appeal No. 96 of 1996 and Civil Appeal No. 99 of 1996. The Civil Appeal No. 99 of 1996 was filed by Bhag Singh against judgment, decree dated 27.9.1996 passed by the learned Sub Judge 1st Class, Ghumarwin in Civil Suit No. 11/1 of 1995/88 partly decreeing the suit of Abdul Momin plaintiff but dismissing the counter claims of defendant No.2 Kartar Singh and defendant No.3 Bhag Singh.

(2.) The brief facts of the case are that respondent No.1 Abdul Momin had filed suit for declaration that he is owner in possession of land comprised in khasra No. 1881/1335 min measuring 9-4 bighas situated in village Jhandutta, Pargna Gehrwin, Tehsil Ghumarwin, the order dated 10.12.1982 passed by Sub Divisional Officer (Civil) Ghumarwin, order dated 14.12.1983 passed by Deputy Commissioner, Bilaspur, order dated 29.11.1986 passed by Divisional Commissioner, Mandi and order dated 4.6.1982 and order dated 12.4.1988 passed by Financial Commissioner, Himachal Pradesh are illegal and without jurisdiction. The prayer was also made to restrain the defendants of the suit from interfering or dis-possessing Abdul Momin from the suit land in any manner. In alternative, compensation amounting to Rs. 10,000/- on account of the improvement done by Abdul Momin over the suit land as well as possession of the suit land was prayed.

(3.) The further case of Abdul Momin was that suit land was allotted to him as Nautor land by Sub Divisional Officer (Civil), Ghumarwin vide order dated 10.1.1974. The possession of the suit land was delivered to him vide rapat No. 37 dated 4.10.1974. He thereupon improved the suit land by planting fruit trees and thus incurred expenses of about Rs. 10,000/-.