BHAWANI PARSHAD Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE petitioners claim to be owners of land measuring 11387.3 bighas comprised in Khata No. 1/1 min, Khasra No. 7/2, Mauza Dhar Drabthou (193), Pargana Trehta, Sub Tehsil Holi, District Chamba, Himachal Pradesh. According to the petitioners, out of the aforesaid land 3306 bighas of land comprised in khasra No. 7/2/1 had been mutated in favour of certain other villagers vide mutation No. 13 dated 14.2.2008. The petitioners have filed the present petition with regard to the remaining 8081 bighas of land comprised in Khata No. 1/1 min, Khasra No. 7/2/2. It is not necessary to give the entire background of the case but according to the petitioners the Raja of Chamba granted the entire land in question on patta to one Dalpat predecessor -in -interest of the petitioners.

(2.) A civil suit was filed in the year 1963 by Godham, Makholi and Nathu claiming that they were owners in possession of the suit land being successors of Dalpat. This suit was decreed in their favour on 22.4.1965 and the plaintiffs were held to be owners of Kandali Dhar khasra No. 2/1 measuring 8956 bighas as per map Ext.PA/2 which was to be a part of the decree.

(3.) IN the meantime, Dittu, predecessor -in -interest of Joginder Kumar and some other persons filed civil suit No. 95 of 66 before the learned Senior Sub Judge, Chamba whereby they claimed that the judgment and decree passed in the Civil Suit was obtained by fraud and mis -representation. This suit was dismissed by the learned Senior Sub Judge, Chamba on 10.3.1969. Appeal against such judgment was filed and dismissed on 25.8.1982 on the basis of statement made by Dittu Ram and Sh.Madho Prashad, Advocate for the appellants. Thereafter, Review Petition was filed by Dittu on 29.12.1982 but this Review Petition was also rejected on 19.8.1983. Another application filed for restoration of the appeal dismissed as withdrawn was also dismissed vide order dated 14.4.1992. Thereafter, RSA No. 262 of 1992 was filed in this Court which was dismissed on 2.11.1993. The order of the learned District Judge dated 14.4.1992 whereby application for restoration of appeal was rejected also rejected by this Court vide judgment dated 28.12.1994.