PARAS RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The appellants were plaintiffs and have come in second appeal against judgment, decree dated 7.9.1998 passed by learned District Judge, Hamirpur in Civil Appeal No. 06 of 1998, partly allowing the appeal against judgment, decree dated 17.10.1997 passed by learned Sub-Judge 1st Class, (1) Hamirpur in C.S. No. 332 of 1994 (RBT).

(2.) The appellants had filed a suit for permanent prohibitory injunction against respondent regarding land more specifically detailed in plaint on the grounds that land measuring 24 kanals 9 marlas out of suit land was granted as nautor to Jai Ram predecessor-in-interest of Paras Ram by Deputy Commissioner, Kangra in the year 1928. The suit land had never vested in the State Government either in the name of Gram Panchayat under Punjab Village Common Lands (Regulation) Act, 1961 (for short Punjab Act) nor under the Himachal Pradesh Village Common Lands (Vesting and Utilization) Act, 1974 (for short Himachal Act). It has been alleged that the suit land is in possession of the appellants but the revenue entries showing the name of respondent are wrong. In alternative, it is also the case of the appellants that even if, it is assumed that the land had vested with the Panchayat under the Punjab Act but the appellants remained in possession of the suit land which was not objected by Panchayat for more than 12 years, therefore, they have become owners of the suit land and Panchayat ceased to have any title over the suit land, but respondent is threatening to interfere in the possession of the appellants.

(3.) The respondent contested the suit, in which preliminary objections of maintainability, lack of notice, locus standi, estoppel and non-joinder of necessary parties have been taken. The respondent has pleaded that respondent is owner of the suit land. It has been pleaded that suit land being shamlat has vested with the Panchayat and later on with the State of H.P. free from all encumbrances.