STATE OF HIMACHAL PRADESH Vs. GIAN SINGH

JUDGEMENT

(1.) THE defendant has preferred this appeal against judgment and decree dated 7.1.2002 passed by learned Additional District Judge -II, Kangra at Dharamshala in Civil Appeal No. 23 -D/2001 whereby he affirmed the judgment and decree dated 2.12.2000 passed by learned Sub Judge, 1st Class -II, Dharamshala, H.P. in RBT C.S. No. 285/99/95.

(2.) THE facts, in brief, may be noticed. The plaintiffs/respondents filed a suit in representative capacity for declaration to the effect that the plaintiffs being Numbardars and Zamindars of Tehsil Nurpur, Jawali, Fatehpur and Indora, District Kangra are entitled to receive Haq Chuharam/Zare Chuharam i.e. 1/4th share of the price of trees received by the defendant by sale of trees standing on the shamlat forest land of the aforesaid Tehsils and for rendition of zare Chuharam 1/4th share of plaintiffs out of the money received by defendant by sale of trees standing on shamlat forest land of all mohals and tehsils other than reserved forests during the year 1975 -76 to 1993 -94 and for recovery of that amount of money equal to 1/4th share of total sale proceeds and income by sale of the trees payable to the plaintiffs as Lambardars of various Mohals in aforesaid tehsils.

(3.) THE defendant/appellant resisted the suit by filing written statement in which preliminary objections of territorial jurisdiction, estoppel, limitation, cause of action, barred by res judicata, valuation, want of legal notice, bad for better particulars, maintainability, misjoinder and non -joinder of necessary parties and want of permission under Order 1 Rule 8 CPC were raised. On merits, it was admitted in reply to para No. 5 of the plaint that earlier the Government had been paying 1/4th share of the sale price realised by the Government which is termed as Haq Chuharam/Zare Chuharam to the plaintiffs or their predecessor -in -interest in their capacity as Lambardars and Zamindars by also admitting that the payment of Haq Chuharam was being made prior to the enforcement of the Act. It was also alleged that the said payment was stopped by H.P. Government vide letter dated 13.12.1976 as after the commencement of the Act, the Lambardars have lost their claim over such lands. It was further alleged that after vesting the Shamlat lands in the State of H.P. the forest lands are being protected through the Departmental Range Officers, Deputy Rangers and Forest Guards who are performing the all duties and since the Lambardars do not render help in protecting the forests as such the question of payment of Haq Chuharam of Lambardars after the commencement of the aforesaid Act does not arise as after the enforcement of the Act, Lambardars never protected the forests and forest land. The rest of the averments of the plaint were denied by the defendant for want of knowledge. The cause of action set up by the plaintiff was denied.