GARIBU Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS appeal has been directed against judgment, decree dated 8.2.2000 passed by learned District Judge, Bilaspur in Civil Appeal No. 100 of 1993 affirming judgment, decree dated 25.6.1993 passed by the learned Sub Judge 1st Class, Ghumarwin in Case No. 97 -1 of 1988.

(2.) THE appellant had filed a suit for declaration that he is owner in possession of the land measuring 1 -15 bighas comprised in Khasra No. 416/341/1, Khata Khatauni No. 98 min/103 min situated in village Tentha, Pargana Sariun, Tehsil Ghumarwin, District Bilaspur. The order dated 4.5.1987 passed by the Divisional Commissioner, Shimla and order dated 10.2.1988 passed by the Financial Commissioner, Himachal Pradesh are illegal and do not affect the rights of the appellant. A prayer for permanent injunction restraining the respondent from interfering in the suit land or changing the nature thereof was also made. In alternative, a decree for damages on account of compensation and damages in case the appellant is held not entitled to the suit land in view of orders of Divisional Commissioner and Financial Commissioner or if the appellant is dispossessed forcibly or otherwise by demolishing the house of appellant situated on the suit land. In further alternative, a decree of possession has also been prayed if the appellant is dispossessed during the pendency of the suit.

(3.) LOHKA Ram filed an appeal before the Divisional Commissioner, the appeal was time barred. The Divisional Commissioner illegally set aside the order dated 4.5.1987. The appellant filed appeal before the Financial Commissioner, Himachal Pradesh which was dismissed on 10.2.1988. The order dated 10.2.1988 is wrong, illegal.