STATE OF HIMACHAL PRADESH Vs. AJAY VIJ

JUDGEMENT

(1.) This judgment shall dispose of CMP No. 440 of 2010 for additional evidence and RSA No. 456 of 2000 filed against judgment, decree dated 12.6.2000 passed by the learned District Judge, Shimla in Civil Appeal No. 117-S/13 of 1998 partly allowing the appeal by reversing judgment, decree dated 10.6.1998 passed by learned Sub Judge 1st Class, Court No. 1, Shimla in Case No. 29/1 of 1996/93.

(2.) The facts, in brief, are that Amar Nath Vij predecessor-in-interest of Respondents had filed a suit for declaration and injunction on the grounds that he was inducted as a tenant by Appellant No. 2 through the then Tehsildar, Kasumpti over the land comprised in Khasra No. 363 measuring 7 bighas and khasra No. 548 measuring 1 bigha 16 biswas situated at Mauza Sanjauli, Shimla (for short 'suit land') on annual rent of Rs. 25/ - about 40 years ago and since then he had been coming in possession of the suit land.

(3.) It was also the case of Amar Nath Vij, Plaintiff that he had planted fruit trees on land comprised in Khasra No. 363 and there was one storey house over land comprised in khasra No. 548. He had been recorded as non-occupancy tenant under the State of Himachal Pradesh on payment of Chakota Rs. 25/- per annum. He had become owner of the suit land under Section 104 of the H.P. Tenancy and Land Reforms Act, 1972 (for short 'Act') by operation of law on coming into force of the Act.