PRITAM CHAND Vs. STATE OF H.P.

JUDGEMENT

(1.) This is a Regular Second Appeal under Section 100 C.P.C. filed by the appellant/plaintiff against the judgment and decree of the Court of learned District Judge, Kinnaur Civil Division at Rampur Bushahr, dated 4. 10.2000, vide which he reversed the judgment and decree passed by the Court of learned Sub Judge Ist Class, Rampur Bushahr, dated 26.9.1998 decreeing the suit of the plaintiff for declaration and permanent injunction.

(2.) Briefly stated, the facts of the case are that the appellant hereinafter referred to as the plaintiff filed a suit as against the respondents, hereinafter referred to as the defendants, for declaration. It was alleged b y the plaintiff that he is owner in possession of the land comprised in Khasra No. 34, measuring 182 Square Meters as detailed in the plaint and the order passed by the Assistant Collector 2nd Grade, Rampur Bushahr, dated 21.11.1994 reviewing mutation order was challenged as illegal, void and inoperative. The

(3.) The defendants contested the suit by pleading that the suit land was Shamlat land and was in possession of Bashindgan Deh Makbooja Malkan and after the enforcement of the Himachal Pradesh Village Common Lands Vesting and Utilization Act , 1974, this land has vested in the State of H.P. free from all encumbrances. The revenue entries showing Deen Dayal as Gair Maurusi over the suit land were challenged to be incorrect and the proprietary rights were wrongly conferred on 31.7.1980 upon Deen Dayal. The subsequent sale by legal heirs of Deen Dayal was also challenged and it was denied that the suit land was partitioned between the co -sharers. The defendants pleaded that the Assistant Collector, 2nd Grade, Rampur Bushahr, had rightly cancelled the mutation and ordered for the correction of the revenue entries.