BALIA Vs. SATYA

JUDGEMENT

(1.) THIS appeal filed under Section 100 of the Code of Civil Procedure arises out of the judgment and decree dated 30.6.2000 passed by learned District Judge, Chamba in Civil Appeal No. 69 of 1999 titled as Balia v. Satya, affirming the judgment and decree dated 28.6.1999 passed by learned Sub Judge Ist Class, Dalhousie, in Civil Suit No. 57 of 1994 titled as Balia v. Satya.

(2.) THE present appeal was admitted on the following substantial question of law:

(3.) COURTS below have concurrently held that the suit land is owned by the State of Himachal Pradesh. This is also evident from the revenue record (Ext.P -3). Possession of the testator was illegal. Rights, by way of adverse possession had also not fructified in favour of the occupier. An illegal occupant has no vested right in himself to transfer his interest in favour of any person. Hence the Courts below rightly dismissed the Plaintiff's suit. Consequently, the question of law is answered accordingly.