LAWS(HPH)-2023-6-69

BANTO DEVI Vs. STATE OF HIMACHAL PRADESH

Decided On June 19, 2023
BANTO DEVI Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) Petitioner herein is plaintiff in Civil Suit No. 90 of 2020 titled Banto Devi vs. State of HP, pending adjudication before Civil Judge, Hamirpur, District Hamirpur wherein application bearing CMA No. 187 of 2020 under Order 39 Rules 1 and 2 CPC filed for interim injunction by plaintiff has been dismissed vide order dtd. 4/1/2021, and appeal preferred against the said dismissal order has also been dismissed by Additional District Judge, Hamirpur vide order dtd. 31/8/2021 and, therefore, petitioner has approached this Court by filing present petition.

(2.) Petitioner has preferred a suit for declaration claiming her title of ownership in possession of suit land owned by State, by afflux of time of more than 35 years, on the ground of adverse possession along with consequential relief of permanent prohibitory injunction restraining the respondents from dispossessing the plaintiff forcibly from suit land. To substantiate her claim, petitioner has placed reliance upon various jamabandies since 1973-74 till filing of suit, wherein till 2010-11 Chandu son of Kirpa has been shown in possession of suit land under ownership of State of HP of certain land including 00-06 biswas Gair Mumkin Abadi and in jamabandi for the year 2016-17, petitioner Banto Devi adopted daughter of Chandu son of Kirpa has been shown in possession of suit land under ownership of State of HP.

(3.) Suit was filed on 7/7/2020 and as per record, application under Order 39 Rules 1 and 2 CPC was instituted on 21/7/2020.