PIYARE LAL Vs. STATE OF H.P.

JUDGEMENT

(1.) This second appeal arises out of the judgment and decree of reversal passed by the learned District Judge, Shimla, dated 30th April, 2001.

(2.) Few facts may be noticed.

(3.) Plaintiff Piyare Lal filed a suit before the learned Sub Judge, Theog, Shimla, alleging that he was owner in possession by adverse possession of the land comprised in Khasra No. 1081/1, measuring 14 -04 bighas, situate in Chak Ratnari, Tehsil Kotkhai in the District of Shimla. He sought a declaration that the revenue entries to the contrary are wrong and illegal. The case of the plaintiff was that he was in possession of this land since the time of his ancestors. This possession, according to the plaintiff, was continuous, open, hostile and against the true owner which has matured into an adverse possession. The land, subject of dispute, is admittedly a Government land. It appears that Assistant Collector 1st Grade, Kotkhai, started proceedings under Section 163 of the Himachal Pradesh Land Revenue Act, hereinafter referred to as the "Act", for the eviction of the plaintiff from this land on 14th March, 1990 in case No. 6 of 1990. When the matter came up before the Assistant Collector 1st Grade, Kotkhai on 22nd June, 1990, he made an order of eviction of the plaintiff from the disputed land after recording statement of the plaintiff to the effect that the plaintiff had raised an apple orchard and he did not want to give up the possession of this land which, according to the plaintiff, was ancestral.