MEHAR CHAND Vs. STATE OF H.P.

JUDGEMENT

(1.) This Regular Second Appeal has been filed by the plaintiff - appellant against the judgments and decrees of the Courts below, whereby the suit filed by the plaintiff was dismissed by the trial Court and the appeal filed by him was also dismissed by the learned District Judge.

(2.) Mehar Chand, plaintiff had filed a suit for declaration to the effect that he was the absolute owner in possession of the suit property, having acquired ownership thereof by adverse possession and that the orders passed by the Assistant Collector, Collector, Commissioner and the Financial Commissioner in the proceedings under Section 163 of the Himachal Pradesh Land Revenue Act, seeking his ejectment from the suit property were illegal and void and were liable to be declared as such. Inspite of various opportunities no written statement was filed on behalf of the defendant. However, the learned trial Court framed various issues and fixed the case for plaintiff's evidence. The plaintiff produced evidence in support of his case. After hearing both sides, the learned trial Court dismissed the suit of the plaintiff. The appeal filed by the plaintiff was also dismissed by the learned District Judge holding that the Civil Court had no jurisdiction to go into this question and the plaintiff-appellant had failed to show that he had become the owner of the suit property by adverse possession. Aggrieved against the same, the plaintiff filed the present Regular Second Appeal in this Court.

(3.) I have heard the learned Counsel appearing for the plaintiff - appellant and have gone through the record carefully.