MAHI DASS Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS appeal has been directed against judgment, decree dated 13.12.2001 passed by District Judge, Kullu in Civil Appeal No. 97 of 2001 reversing judgment, decree dated 24.8.2001 passed by Senior Sub Judge, Kullu in Civil Suit No. 64 of 1997.

(2.) THE facts, in brief, are that the appellant had filed a suit for declaration that he is owner in possession of the suit land comprised in Khasra No. 1434/1 measuring 3 biswas vide jamabandi for the year 1984 -85 Phati Shamshi, Kothi Khokhan, Tehsil and District, Kullu on the basis of sale deed dated 15.5.1986. The mutation No. 3016 was also attested on 7.9.1987 in his favour. It has been stated that possession of the suit land was delivered to the appellant by the vendor prior to the sale deed and appellant started construction of his house on the suit land in August, 1985.

(3.) THE replication was filed. On the pleadings of the parties, the following issues were framed: -