NANT RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) Land measuring 2 bighas 15 biswas comprising of Khasra No. 5286, khata/khatauni No. 792/1256 and measuring 19 biswas comprising of khasra No. 5287, khata/khatauni No. 793/1257 in Phati Burua, Kothi Manali, Tehsil and District Kullu, was granted to the Petitioners on 28.1.1977 as "Nautor" under the Himachal Pradesh Grant of Nautor Land to Landless Persons and Other Eligible Persons Scheme, 1975 (for short: the scheme) vide "Patta" copy of which is Annexure P-l to the petition. The grant contained a stipulation in the following terms:

(2.) The Petitioners were put into possession of the land allotted to them. They after having fenced the same brought it under cultivation.

(3.) It appears that a dispute about the abovesaid land arose between the Petitioners and Respondents No. 6 to 10 which led to filing of a civil suit, being Civil Suit No. 14 of 1994, by the Petitioners for declaration and injunction as a consequential relief, and in the alternative for possession. The parties to the suit arrived at a compromise. Copies of the compromise arrived at between the parties are Annexures P3 and P3/X to the petition. Such civil suit was decided on 16.12.1994 by the Senior Sub Judge, Kullu on the basis of the compromise arrived at between the parties. The Plaintiffs were declared to be the owners and in possession of the land measuring 2 bighas 15 biswas comprising of khasra No. 5286 and land measuring 9 biswas 10 biswansis, that is, half share of land measuring 19 biswas comprising of khasra No. 5287. Respondents No. 6 to 8 were declared to be the owners and in possession of the remaining half share of the land comprising of khasra No. 5287 by way of exchange from the Petitioners.