GANGA RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) JUDGMENT : Both these appeals are consolidated together and are being disposed of by common judgment because both appeals have been filed against the same judgment and decree passed by learned trial Court and learned first appellate Court and common questions of law and facts are involved in both appeals.

(2.) BRIEF facts of the case as pleaded are that plaintiff Ganga Ram filed suit for prohibitory injunction against defendants not to interfere in the suit land in any manner and not to dispossess the plaintiff except due process of law from suit land measuring 1 -8 bigha comprised in Khasra No. 338/268 khewat/khatoni No. 60/69 situated in village Behl Nawane Pargana Sariun Tehsil Ghumarwin District Bilaspur HP. It is further pleaded that plaintiff was owner in possession of land measuring 1 -8 bighas comprised in khasra No. 734/33 situated in village Churari pargana Sariun Tehsil Ghumarwin. It is further pleaded that plaintiff had applied before Deputy Commissioner Bilaspur for the exchange of land with the land of Government measuring 1 -8 bighas. It is further pleaded that thereafter plaintiff became owner in possession of suit land by way of exchange. It is further pleaded that on dated 16.9.1991 Patwari Halqua Talyana informed the plaintiff that he had received orders from Tehsildar Ghumarwin that plaintiff would be evicted by way of force from suit land immediately. It is further pleaded that thereafter plaintiff applied for the copy of order of Tehsildar Ghumarwin and got the same on 25.9.1991. It is further pleaded that plaintiff who was owner in possession of the suit land by way of exchange could not be thrown out of the suit land forcibly except due process of law. Prayer for the decree of suit as mentioned in relief clause of plaint sought.

(3.) FEELING aggrieved against the judgment and decree passed by learned trial Court State of HP filed Civil Appeal No. 50 of 1995 titled State of HP Vs. Ganga Ram. Thereafter deceased Jiunu Ram also sought permission from learned District Judge Bilaspur HP to file appeal which was granted and appeal of Jiunu Ram was registered as Civil Appeal No. 62 of 1995 titled Jiunu Ram Vs. Ganga Ram.