RAM Vs. STATE OF HIMACHAL PRADESH AND ANOTHER

JUDGEMENT

(1.) This Regular Second Appeal is directed against the judgment and decree dated 26.4.2005 rendered by the Additional District Judge, Shimla in Civil Appeal No. 34/S- 13 of 05/04.

(2.) "Key facts" necessary for the adjudication of this appeal are that the Halqua Patwari, Mashobra prepared a file regarding encroachment by the appellant in respect of one biswa of land by constructing a residential Dhara in khata Khatauni No.18/26 min, Khasra No.15/1. Ejectment proceedings were initiated against the appellant under section 163 (1) of the H.P. Land Revenue Act, 1954.

(3.) Mr. Rahul Mahajan, on the basis of the substantial question of law, has vehemently argued that the courts below have not correctly appreciated oral as well as documentary evidence. He has also contended that his client has acquired title by way of adverse possession.