KALI RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) Both the above noted two appeals arising out of suit No. 118/1 of 1991 are being disposed of by this single judgment.

(2.) Briefly, the facts of the case leading to the present two appeals may be thus stated. The Appellant/Plaintiff filed a suit for declaration and injunction. It was pleaded that he is the owner and in possession of the land in dispute measuring 19 Bighas 2 Biswas comprising of Khasra Nos. 632 and 680 of Chak Kuthar, Tehsil Theog, District Shimla and that the order dated 4.12.1984 passed by the Assistant Collector Ist Grade, Theog, for his ejectment was wrong and illegal.

(3.) Claiming title qua the land in dispute, the Plaintiff pleaded that the land in dispute was earlier owned by the then Ruler of Balson State. The father of the Plaintiff was inducted as a tenant thereon in lieu of services rendered. Half of the agricultural produce was being paid as rent. On the coming into force of the H.P. Land Holding and Ceiling Act, the land in dispute was wrongly shown as surplus by the owner, that is, the then Ruler of Balson State. The land in dispute, thus, on having been declared as surplus came to be mutated in the name of the State of H.P. (Defendant No. 1), however, Plaintiff continued to be in possession thereof. On the land in dispute having vested in the State of H.P. proceedings under Section 163, H.P. Land Revenue Act were initiated against the Plaintiff for his ejectment and an order came to be wrongly made against him on 4.12.1984. It was further pleaded that the State Defendant No. 1 has started interfering with his possession over the land in dispute. In the alternative the Plaintiff claimed to have become the owner of the land in dispute by adverse possession.