H.P.STATE ELECTRICITY BOARD Vs. RIKHI RAM

JUDGEMENT

(1.) This is an application under Section 5 of the Limitation Act for condonation of delay in filing the appeal against the judgment and decree dated 1.3.1999 passed by the learned District Judge, Una, in Civil Appeal No. 118 of 1996.

(2.) The relevant facts leading to the filing of the present application are that Respondents No. 1 and 3 to 6 instituted a suit for possession of land comprised in Khewat Khatauni No. 997min/1415 situate in Village Gagret, Tehsil Amb and for injunction restraining the Defendants from interfering in the suit land in any manner. Case of the Respondents is that they along with Respondent Sat Parkash are co-owners in possession of the suit land which remained under their cultivation till December, 1988. In December, 1988 the applicants through their employees and servants started encroaching upon the suit land and by early 1989 covered it by pucca brick wall abutting the road without any right, title or interest. The Respondents being residing outside because of employment came to know about this unauthorised encroachment subsequently and when their demand not to interfere with the land was declined by the applicants, they instituted the suit.

(3.) The suit was contested by the applicants on the grounds of maintainability, estoppel, limitation, want of cause of action, non-joinder of necessary parties, locus standi and jurisdiction. On merits, it was claimed that the suit land earlier formed part of Punjab and was acquired by Punjab State Electricity Board along with other land, measuring 45 kanals for construction of 33 KV Service Station. Two awards regarding acquisition were made on 25.4.1963 and 7.1.1964. After the awards the possession was taken over by the Punjab State Electricity Board and 33 KV service station was installed, besides constructing a few residential and office buildings and the remaining land was covered by fencing. Subsequently, the area was merged with the State of Himachal Pradesh and the assets of Punjab State Electricity Board thus became the property of H.P. State Electricity Board in the year 1966. It is further claimed that the amount of compensation as awarded was deposited in the State Treasury at Hoshiarpur. In the alternative, it has been claimed that the applicants had been in possession of the suit land continuously for more than 20 years, therefore they have become owners by way of adverse possession.