NARENDER SINGH CHANDEL Vs. STATE OF H P

JUDGEMENT

(1.) THE plaintiff is the appellant and is aggrieved by the judgements and decrees passed by the learned courts below. The brief facts of the case are that plaintiff Jamna Dass and others filed a suit for permanent prohibitory injunction restraining defendants from interfering in ownership and possession of plaintiffs over land comprised in Khewat/ Khatauni No. 10/14, Khasra Nos. 875/488, 879/876/488, Kkitas -2 measuring 2 Biswas and khewat/ Khatauni No. 12/16 Khasra Nos. 880/876/488 kita -1 new Khasra No. 238 situated at Mauja Ghandal, Pargana Nerwa, Tehsil and District Shimla, H.P. and also situated at Mauja Marhog Tehsil and District Shimla.

(2.) IT was averred that plaintiff No.1 Jamna Dass was owner in possession of land comprised in Khewat/ Khatauni No. 12/16 Khasra No. 880/876/488 new Khasra No. 238 and plaintiff No. 2 was owner in possession of land comprised in Kheat/ Khatauni No. 10/14, khasra Nos. 875/488, 879/876/488 new khasra No. 238. The plaintiff No. 1 Jamna Dass has transferred his interest in land in favour of plaintiff No. 3 Mohinder Singh and mutation No. 402 dated 24.9.1999 was sanctioned and plaintiff No. 3 namely Mohinder Singh became owner in possession of land. The plaintiff No. 1, namely Jamna Dass in the year 1968 was allotted entire suit land by way of Nautor by State government of H.P. and mutation No. 210 dated 19.12.1968 was attested and possession of suit land was handed over to plaintiff No.1 Jamna Dass at spot by field staff of revenue department.

(3.) THE suit was resisted and contested by defendant No.1 wherein several objections viz -a -viz civil court has no jurisdiction to try and entertain the suit as per provisions of H.P. land Revenue Act, suit is not properly valued for the purpose of court fees and jurisdiction, plaintiffs have no cause of action and that no notice under section 80 CPC was served, were raised. It has been pleaded that suit land was allotted to plaintiff No. 1 Jamna Dass by way of Nautor land in khasra No. 488/1 measuring 0 -4 Biswas. The plaintiffs are not raising construction over the land allotted to them i.e. Khasra No. 488/1 but they are raising construction illegally over the land which was not allotted to them comprised in other portion of Khasra No. 488 measuring 31 -7 bighas. It was admitted that plaintiff has transferred land measuring 2 Biswas in favour of plaintiff No.2 Narinder. The plaintiffs are raising permanent structures over land which was not allotted to them by way of Nautor land. It has been pleaded that proceeding under section 163 of H.P. Land Revenue Act were filed. The defendants have title in suit property which is not allotted to plaintiff Jamna Dass in Nautor. A prayer was made for dismissal of the suit.