SAHIB SINGH Vs. STATE OF H P

JUDGEMENT

(1.) This appeal has been directed against judgment, decree dated 28.4.2001 passed by learned District Judge, Chamba in Civil Appeal No. 48 of 2000, affirming judgment, decree dated 30.3.2000 passed by learned Sub Judge Ist Class, Dalhousie, Distt Chamba, in Civil Suit No. 19/97.

(2.) The facts in brief are that appellants had filed a suit for declaration that they are owners in possession of land comprised in khasra Nos. 389, 390, 395, 396, 402, 403, 416, 371/1 and 372/2, Kita 9, measuring 41 bighas 19 biswas. The entries in revenue record showing the suit land in the ownership of the State and in possession of the appellants as Bartandars are incorrect and not binding upon the rights of the appellants. It has been pleaded that Bir Singh predecessor of appellants and Jai Singh were the brothers. Prior to settlement Bir Singh and Jai Singh were recorded owners of the land measuring 5 acres 1 kanal 12 marlas, comprised in khasra Nos.847, 848, 849, 850, 851, and 852, land measuring 2 acres 1 kanal and 12 marlas comprised in khasra Nos. 3,14,23,24,39,93,905, 907, 909, 958, 960, 974, 980, 986, 991, 994 and 996, land measuring 5 acres 2 kanals 13 marlas, comprised in khasra Nos.824, 828, 830, 832, 833, 834 and 837,

(3.) The appellants were entitled to 66 bighas and 5 biswas of land as per conversion from acres to bighas and to a further increase because of reduction of Karam in the settlement. During settlement 40 bigas and 15 biswas of land was recorded in the ownership of Bir Singh and Jai Singh as owners but on land comprised in khasra Nos.389, 390, 395, 396, 402, 403, and 416/1 their possession was recorded as Kabaj Najaij under the State alongwith land comprised in khasra Nos.384, 392.