STATE OF HIMACHAL PRADESH Vs. PARKASH CHAND

JUDGEMENT

(1.) THE judgment, decree dated 27.11.2000 in Civil Appeal No. 128 of 1994 passed by learned District Judge, Una affirming judgment, decree dated 8.6.1994 passed by learned Sub Judge 1st Class, Court No. 1, Amb in Civil Suit No. 218 of 1987 has been assailed in the present appeal. The facts, in brief, are that the respondent had filed a suit for declaration regarding land comprised in Khasra No. 1218, measuring 10 Kanals 11 Marlas situated in Village Saluri, Tehsil Amb, District Una on the allegations that the respondent was landless person, in 1976 he was allotted suit land on payment of Rs. 27.85 paise under Himachal Pradesh Village Common Lands Vesting and Utilization Act, 1974 (for short 'Act') and Himachal Pradesh Village Common Lands Vesting and Utilization Scheme, 1975 (for short 'Scheme') and was put in possession of the suit land.

(2.) THE appellant through its officials in June/July, 1986 threatened to interfere on the suit land on the ground of cancellation of allotment of respondent. On inquiry, the respondent came to know that his allotment had been cancelled by Collector, Una on 4.4.1979 without notice to the respondent. The cancellation of the allotment of the respondent is illegal, void and contrary to law. After notice to appellant suit was filed for declaration that respondent is owner in possession of the suit land, the order of cancellation of allotment of suit land dated 4.4.1979 is wrong and illegal.

(3.) THE respondent filed replication and denied the defence of the appellant. On the pleadings of the parties, the following issues were framed: -