BIJA RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This Second Appeal has been preferred by the Appellants-Plaintiffs (hereafter referred to as 'the Plaintiffs') against the judgment and decree dated 3.9.1990 passed by the learned District Judge, Solan, whereby the judgment and decree dated 1.6.1988 passed by the learned Senior Sub Judge, Solan, in Civil Suit No. 112/1 of 1987 has been reversed.

(2.) Brief facts leading to the filing of the present appeal may be summarised as follows:

(3.) The District Collector, one of the Defendants in the suit, resisted the suit on the preliminary objections that the Civil Court has no jurisdiction to try the suit which even otherwise was not maintainable and the Plaintiffs have no cause of action to sue. On merits, it has been claimed that the suit land is Shamlat land and thus has rightly been vested in the State of Himachal Pradesh free from all encumbrances under the provisions of the H.P. Village Common Lands (Vesting and Utilization) Act, 1974, therefore, the Plaintiffs are encroachers and are liable to be ejected.