SINGHU RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS regular second appeal is directed against the judgment and decree dated 8.7.2002, of the learned District Judge, Kinnaur, Civil Division at Rampur Bushahr, H.P., rendered in Civil Appeal No. 1 of 2002.

(2.) KEY facts, necessary for the adjudication of this second appeal are that the appellant -defendant had instituted application on 19.5.1993 before the Settlement Collector and requested that he be recorded in possession of Kh. Nos. 973/1 and 965/1, measuring 0 -19 -73 hectare of revenue estate Karoli. The Settlement Collector referred the application to the A.C. Ist Grade -cum -Tehsildar, Rampur for necessary action. The A.C. Ist Grade -cum -Tehsildar, Rampur Bushahr, referred the application to Settlement Naib Tehsildar. The field agency of the settlement had carried out the local investigation and proceeded to record the appellant in possession of Kh. Nos. 973/1 and 965/1, measuring 0 -19 -73 hectare without any status. The proceedings were initiated against the appellant under Section 163 of the H.P. Land Revenue Act, 1953 (hereinafter referred to as the Act). These proceedings were transferred to A.C. IInd Grade, Nankhari for necessary action. The A.C. IInd Grade, Nankhari, on 17.9.1997 issued order of ejectment of appellant from the land in question. The appellant preferred Civil Appeal No. 23 of 1997 against the order dated 17.9.1997, before the learned District Judge, Kinnaur at Rampur Bushahr. The learned District Judge, Kinnaur at Rampur Bushahr, allowed the appeal vide judgment dated 20.2.1998 and remanded the matter to A.C. IInd Grade for disposal afresh in accordance with law. The appellant did not appear before the A.C. IInd Grade, Nankhari on 6.3.1998. The ejectment order was passed by the A.C. IInd Grade, Nankhari. The warrant of ejectment was issued against the appellant on 6.4.1998. The appellant was ejected on 18.7.1998. Report No. 492 was registered by the Field Kanungo in the Daily Diary of the village Patwari on 18.7.1998. The appellant moved an application for setting aside the ex -parte order dated 6.3.1998. The A.C. IInd Grade, on 3.7.1998 rejected the applications of the appellant on the ground of limitation. The appellant preferred an appeal bearing FAO No. 282/98 in this Court against the order dated 3.7.1998. This Court allowed the FAO No. 282/98 on 28.8.1998 and ex -parte order dated 6.3.1998 was set aside. The parties were directed to appear before the A.C. IInd Grade, Nankhari on 25.9.1998.

(3.) THIS regular second appeal was admitted on 22.10.2002 on the following substantial questions of law: