DHANNA Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS Second Appeal is directed against the judgment and decree dated 29.4.2000 passed by the learned District Judge, Una in Civil Appeal No. 96 of 1994 decided on 29.4.2000 whereby he dismissed the suit filed by the present Appellant along with his brother Bansi (hereinafter referred to as the Plaintiffs) and upheld the judgment and decree passed by the learned Senior Sub Judge, Una dated 30.4.1994 dismissing the suit of the Plaintiffs.

(2.) BRIEFLY stated, the facts of the case are that the Plaintiffs filed a suit for declaration that they are owners in possession of the suit land comprised in khasra No. 924 as the same had been allotted to them by the Defendant -State. It was further prayed that the Defendant -State had no right, title or interest in the suit land. On this basis it was further prayed that the order dated January 17, 1987 passed by the Collector whereby the mutation No. 2244 recording the Plaintiffs as owners was wrong and liable to be set -aside. The Plaintiffs allege that they were allotted the land by the State and the same stood duly mutated in their favour vide mutation No. 2244.

(3.) BOTH the Courts below have come to the conclusion that the Plaintiffs have failed to prove that the land comprised in khasra No. 924 was allotted to them. However, they have held that the Plaintiffs are in possession of the suit land but their possession is in the nature of trespassers. The Courts below have restrained the Defendant State from interfering in the possession of the Plaintiffs except in due course of law.