PARAM DEV Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The plaintiff-predecessor-in-interest of the appellants had instituted a suit for declaration with consequential relief of permanent injunction against the defendants/respondents on the allegation that he is owner-in-possession of the land comprised in Khasra Nos.226/1, 2, 12, 222/218 corresponding to new Khata Khatauni No.20/27, Khasra Nos. 226/1, 2,16, 222/218/27, measuring 6-1-1 bigha situate in Muhal Otta, Illaqua Balh, Tehsil and District Mandi. The learned trial Court vide his judgment and decree dated 31.08.1990 dismissed the suit of the plaintiff which resulted in the filing of the appeal at his behest before the learned lower appellate Court. Even the learned lower appellate Court vide his judgment and decree dated 06.02.1998 dismissed the appeal and resultantly the judgment and decree passed by the learned trial Court have been upheld.

(2.) The appeal was admitted by this Court on 08.07.2002 on the following substantial question of law: -

(3.) I have heard Mr.Pankaj Negi, Advocate vice Mr.Rajiv Jiwan, Advocate, for the appellants, Mr.Virender Kumar, learned Additional Advocate General, for respondent No.1 and Mr. Umesh Kanwar, Advocate vice counsel for respondents No. 2 to 4, 6 to 10 and 13 and with their able assistance have gone through the records of the case. The learned counsel appearing for the appellants have strenuously argued that plaintiff had been allotted the suit land vide order dated 30.07.1973 passed by the Sub Divisional Collector. The mutation in this regard had been attested in his favour on 16.11.1975. The predecessor-in-interest of the private respondents had manipulated the cancellation of the allotment of a portion of the suit land in favour of the plaintiff.