SUKH DEV Vs. STATE OF H.P.

JUDGEMENT

(1.) THESE two appeals are directed against the common judgment and decree dated 8.5.2003, rendered by the learned District Judge, Bilaspur in Civil Appeal Nos. 78 of 1995 and 88 of 1995.

(2.) KEY facts, necessary for the adjudication of these appeals are that the appellant -plaintiff (hereinafter referred to as the plaintiff, for the convenience sake) has filed a suit for declaration and also for permanent prohibitory injunction with the averments that he was owner -in -possession of land measuring 13 biswas comprised in Khasra No. 126/123 Khata Khatoni No. 37/37, situated in Village Kaliari, Pargana Tiun, Tehsil Ghumarwin, Distt. Bilaspur, H.P. He applied for the grant of nautor land. It was allotted to him by the Deputy Commissioner, Bilaspur, on 2.11.1977. The mutation was also attested in his favour on 29.3.1978. He cultivated the land and constructed a cowshed upon the said land. He also planted fruit bearing trees. He spent Rs. 13,000/ - towards its improvement over the land.

(3.) WRITTEN Statement was filed on behalf of Gulabu. According to him, he submitted an application for the allotment of land on 14.8.1972. It was rejected by the Deputy Commissioner. His appeal before the Divisional Commissioner was also rejected. He then approached the Financial Commissioner. However, he admitted in his written statement that he had applied for 5.14 bighas of nautor land. The possession was given to him in the same year. When he came to know that the suit land has been allotted in favour of the plaintiff, he applied for the same since the land was surrounding his holding.