SUNDER LAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE plaintiff has filed second appeal against judgement, decree dated 27.4.2001 passed by the learned District Judge, Chamba in Civil Appeal No. 8 of 2000 affirming the judgement, decree dated 20.11.1999 passed by learned Senior Sub Judge, Chamba in Civil Suit No. 71 of 1997.

(2.) THE facts in brief are that land comprised in khata khatauni No. 600 (old) measuring 2 kanals, situate in Mohal Rajnagar was allotted to Bhondu, the grand father of the appellant under Nautor Scheme. After the death of Bhondu the land was inherited by the appellant. It has been alleged that appellant is owner in possession of land measuring 11 biswas comprised in khasra No. 699, Khata Khatauni No. 180 min/ 134 min situate in Mohal Rajnagar. The revenue entries in favour of the State are wrong and illegal.

(3.) THE suit was contested by the respondents by filing written statement. The preliminary objections of jurisdiction, non -joinder of necessary parties, maintainability, valuation, validity of notice under Section 80 CPC, lack of cause of action, limitation were taken. On merits, it has been alleged that appellant or his ancestors never protested at the time of settlement in the year 1956 about the entries and as per record Bisho son of Deu was recorded as encroacher on the part of the suit land, he was dispossessed by an order dated 4.9.1958 of Settlement Officer. Bhondu s/o Mussa was never recorded in possession of the suit land in the revenue record. The suit for declaration of the nature filed by the appellant cannot be entertained after 70 to 75 years. It has been alleged that respondent No. 1 is the owner of the suit land.