NEK RAM Vs. STALE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment of District Judge, Solan, in Civil Appeal No. 4 -S/13 of i990, dated 2 -1 -1991 whereby the judgment of Senior Sub -Judge, Solan, incase No. 309/1 of 1986 dated 20 -11 -1989, has been confirmed.

(2.) Plaintiffs have filed a suit for declaration to the effect that they are Joint owners of the land comprised in khewat No 22, khatauni No. 50 to 58, Kitas 40, measuring 31714 bighas, situated in village Shaluminna, Tehsil & District Solan, as per copy of Jamabandi for the year 1972 -73 and the land is separately possessed by the plaintiffs at the spot as per their shares in the Khewat and mutation attested in favour of the defendant behind the back of the plaintiffs vide No 288 and 259, dated 12 -8 -1975, is wrong, without jurisdiction and not binding on them.

(3.) The plaintiffs have also stated that the land was never a shamlat land and could not vest in the State Government, so a decree of declaration is sought against this vestment and they also state that they have been paying the land revenue to the defendant and the defendant be restrained from interfering with their peaceful possession. In the alternative, it has been claimed that they have become owners of the suit land by adverse possession.