STATE OF H P Vs. BENI CHAND

JUDGEMENT

(1.) THIS is a regular second appeal filed by the State of H.P. against the judgment and decree of the court of learned Additional District Judge, Fast Track Court, Hamirpur, H.P., dated 17.9.2004, vide which he had set aside the judgment and decree passed by the learned Sub - II, Hamirpur, dated 29.1.2000, dismissing the suit of the respondent/plaintiff.

(2.) BRIEFLY stated, the facts of the case are that the respondent, hereinafter referred to as the plaintiff, filed a suit for permanent prohibitory injunction as against the appellant, hereinafter referred as the defendant. It was alleged by the plaintiff that he had undergone a course in dairy farming and applied for allotment of land comprised in Khasra No.1621/1 measuring 2 kanals and 2 marlas to Deputy Commissioner, Hamirpur, H.P. The Deputy Commissioner, vide his letter, dated 2.11.1981, allowed the plaintiff to set up a dairy farm in the disputed khasra number and also referred the case to the Government for allowing him to set up a dairy farm in the disputed khasra number and for giving the land to the plaintiff for a period of 30 years. It was alleged by the plaintiff that he is in possession and has set up a dairy farm and since the defendant is threatening to evict him from the suit land, hence the suit filed by the plaintiff.

(3.) ON the pleadings of the parties, the following issues were settled by the learned trial Court: