KANWAR BHAWANI SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) The dispute between the parties is in respect of the land measuring 64 bigha 5 biswas comprising in khasra numbers 1792, 1800/1, 1880/3, 1806/2, 1806/3, 1806/4, 1806/5, 1806/7, 1810/, 1817/2, 1830, 1831/1, 1841/4/2, 1841/12, 1841/13, 1841/35, 1869/1827 and 1870/1827 as per judgment of the trial Court, situated in village Nerwa, Tehsil Chopal District Shimla (hereinafter called the suit land).

(2.) It was owned by the appellant -plaintiff, Kanwar Bhawani Singh. On coming into force of the Himachal Pradesh Abolition of Big Landed Estates and Land Reforms Act, 1953 (hereinafter called the Act), the land in dispute vested in State Government under section 27(1) of the Act. In a part of the suit land measuring 5 bighas comprising khasra numbers 1869/827 and 1870/1827, the right, title and interest of the appellant -plaintiff which were acquired under sub -section (1) of section 27 were transferred to respondents -defendants 2 to 4 who were cultivating the said land as tenants under sub -section (4) of section 27 of the Act.

(3.) When the appellant -plaintiff came to know of the wrong entries about the land in dispute, he approached the Revenue Officer for correction thereof as according to him it was not in possession of the tenants on the appointed day 26 -1 -1955 and was in his self cultivation but failed. Thereafter, he filed the present suit on 20 -9 -1979 after giving notice dated 23 -9*1979 to the respondent -defendant No 1. In the suit, he prayed for declaration to the effect that he is owner in possession of the land in dispute and respondents -defendants have no right, title or interest in the same and entries in the revenue records showing them in ownership and occupation of the land in dispute are wrong and inoperative against his rights. He has also prayed for consequential relief of prohibitory injunction restraining the respondents defendants from interfering in his possession over the land in dispute.