LAKSHMI DEVI AND ANOTHER Vs. BASO

JUDGEMENT

(1.) Both these appeals arise out of the judgment and decree passed by learned Additional District Judge-II, Kangra at Dharamshala in Civil Appeal No. 60-K/1999 decided on 26.11.2001 whereby learned Additional District Judge reversed the judgment and decree dated 23.4.1999 passed by learned Sub Judge-I, Dharamshala, District Kangra in Civil Suit No. 62-A/97/90 and consequently decreed the suit as prayed for.

(2.) The appellant is defendant. The plaintiff/respondent instituted a suit for declaration to the effect that the land comprised in Khata No. 58 min, Khatauni No. 107 min, Khasra No. 165 area 0-04-81 hectares jamai 0-29 Ps as per jamabandi for the year 1986-87 situated at Mohal Thamba Mauza Rehloo, Tehsil and District Kangra, H.P. (hereinafter referred to as the 'suit land') was obtained by the plaintiff on 'Chakota' in the year 1962 from Gram Panchayat, Rehloo along with his brothers on payment of yearly rent of Rs. 10.00 and continuously thereafter made the land fit for cultivation and plaintiff/respondent is paying rent as 'Gair Marusi tenant' under the defendant No. 2 i.e. State Government and the defendant/respondent No. 1 has got no right, title or interest with the land in question. It was also averred that the revenue entry effected in pursuant to mutation No. 41 regarding allotment and thereby change of ownership in favour of defendant No. 1 was contrary to law and liable to be set-aside.

(3.) The suit was contested and resisted by defendant/respondent No. 1 on the ground that the suit was not maintainable since no notice under Sec. 80 of the Code of Civil Procedure had been served upon the State, the plaintiff was estopped by his act and conduct to file the suit and that the suit was time barred and had not been properly valued for the purpose of Court fee and jurisdiction. On merits, it was averred that the defendant/respondent No. 1 has rightly become the owner of the suit land pursuant to mutation No. 41 dated 30.1.1979 attested in his favour. The State of Himachal Pradesh was the owner of the land, who had allotted the same in favour of defendant No. 1 under the provisions of H.P. Village Common Lands (Vesting and Utilisation) Act, 1974 (hereinafter referred to as the 'Act').