SOHAN SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) THE Appellants were Plaintiffs and they have come in second appeal against judgment, decree dated 12.10.1999 passed by learned District Judge, Kinnaur Civil Division at Rampur Bushahr in Civil Appeal No. 29 of 1998 modifying judgment, decree dated 29.4.1998 passed by learned Sub Judge, 1st Class, Rampur Bushahr in case No. 16 -1 of 1996 but upholding the dismissal of suit.

(2.) THE brief facts of the case are that the Appellants had filed a suit for declaration and perpetual injunction against Respondents regarding the land more specifically described in the plaint. The case of the Appellants is that they are owners in possession of the suit land as entered in Misal Hakiyat of Chak Maholi, Sub Tehsil, Nankhari. The further case of the Appellants is that their grand father got the nautor out of khasra No. 50, sometime in the year 1933 and possession thereof was handed over to him in the year 1934. The land which was granted to the grand father of the Appellants has now been shown by Khasra Nos. 83, 85, 86 and 88. The suit land bearing khasra Nos. 80, 81 and 82 was contiguous to nautor land so granted and their grand father had encroached upon the suit land in November, 1935.

(3.) THE Respondents No. 1 and 2 contested the suit by filing joint written statement in which preliminary objections of necessary party, jurisdiction of the civil court, estoppel, valuation, limitation, lack of cause of action have been taken. On merits, the Respondents No. 1 and 2 contested the suit of the Appellants and prayed for dismissal of the suit. The possession of the Appellants on the suit land was denied. According to Respondents No. 1 and 2, the suit land was encroached by the father of the Appellants in the year, 1965. The ejectment proceedings were initiated against him and he was ejected from the suit land under Section 163 of the H.P. Land Revenue Act vide rapat No. 126 dated 24.12.1968. The suit land was handed over to the Gram Panchayat, Bagalthee. The father of the Appellants was President of the Gram Panchayat, Bagalthee and Appellant No. 1 was the Secretary of the Panchayat. They mis -appropriated the income of the suit land by mis -using their official capacity.