STATE OF H.P. Vs. RAM NATH

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 07.07.2001 passed by learned District Judge, Sirmaur, District Sirmaur, in Civil Appeal No.26-CA/13 of 2000 whereby he affirmed the judgment and decree dated 01.01.2000 passed by learned Sub Judge Ist Class, Nahan, District Sirmaur, in Civil Suit No.79/1 of 1998.

(2.) The predecessor-in-interest of the respondents (hereinafter referred to as the plaintiffs) had filed a suit for compensation against the appellants alleging that he together with his father was in actual and physical possession of the land comprised in Khata Khatauni No.129min/182min, Khasra No.660/342, measuring 1-5 bighas on partition of Shamlat Deh land of Village Trilokpur (hereinafter referred to as the suit land). It was alleged that plaintiff had spent a sum of Rs. 20,000/- for constructing a room over the suit land, but on 22.07.1997, the defendant No.3 along with police officials, Tehsildar and seven P.W.D. labourers trespassed over the suit land and demolished the room constructed by the plaintiff. On these allegations, compensation of Rs. 1,00,000/- was claimed on account of loss of room, besides mental agony, inconvenience and loss of reputation.

(3.) The appellants-defendants resisted the suit by raising preliminary objections regarding maintainability, locus-standi, want of cause of action and the jurisdiction of the Court. It was alleged that father of the plaintiff was one of the co-sharers of the suit land and this land had been kept in joint holdings of all the co-sharers as per order dated 27.08.1974 passed by the Assistant Collector Ist Grade, Nahan. Since the land was 'shamlat', the plaintiff could not have taken exclusive possession of the same, much less raised any construction over it. This act was in utter disregard and violation of Section 163 of the Himachal Pradesh Land Revenue Act, 1954 (in short 'the Act'). The proceedings against plaintiff were initiated and the structure was declared to be illegal and consequently demolished in accordance with the procedure prescribed under law.