KARAM CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS Regular Second Appeal is directed against the judgment and decree dated 22.05.2009, passed by the learned Additional District Judge, Fast Track Court, Kangra in R.B.T. C.A. No. 21-P/XIII/08.

(2.) MATERIAL facts necessary for adjudication of this Regular Second Appeal are that the appellant-plaintiff (hereinafter referred to as "the plaintiff" for convenience sake) had filed a suit for permanent injunction against the respondents-defendants (hereinafter referred to as "the defendants" for brevity sake), on the ground that the land in suit, comprised in Khata No. 25 min, Khatauni No. 42 min, Khasra No. 129/66/1, measuring 0-29-52 Hects., situated in Mohal Surd, Mauza Bandla, Tehsil Palampur, District Kangra, H.P. was allotted to him in 1975-76 and he started cultivating the same. However, the mutation could not be attested in his favour and for the same, he applied to the Tehsildar, Palampur to permit him to deposit the amount of compensation and also attest the mutation. He was allowed to deposit the compensation amount in the Government treasury vide order dated 08.04.1997 and thereafter, mutation No. 57, dated 26.05.1997 was attested in his favour and the suit land was transferred in the revenue record also in his name. According to him, the Tehsildar, Palampur had threatened to review the aforesaid mutation and cancel the same. It is in these circumstances, that the suit for permanent prohibitory injunction was filed restraining the defendants from canceling the allotment of the suit land or reviewing the mutation No. 57.

(3.) MR. P.M. Negi, learned Deputy Advocate General and MR. R.P. Singh, learned Assistant Advocate General have supported the judgments and decrees passed by both the Courts below.