STATE OF H.P. Vs. JAI RAM

JUDGEMENT

(1.) This appeal has been preferred by the appellantsState, under Sec. 100 of the Code of Civil Procedure (in short 'CPC') against judgment and decree dtd. 31/10/2018, passed by Additional District Judge-(II), Shimla, H.P., in Civil Appeal No.34-S/13 of 2016, titled as State of Himachal Pradesh and others vs. Jai Ram, whereby judgment and decree dtd. 24/9/2016, passed by Civil Judge (Junior Division), Court No.2, Rohru, District Shimla, H.P., in Civil Suit No.23/1 of 2009/08, titled as Jai Ram vs. State of H.P. and others, has been affirmed.

(2.) Parties to the lis, hereinafter, shall be referred as per their status in the Civil Suit, for convenience.

(3.) Plaintiff filed the aforesaid Civil Suit for declaration and permanent prohibitory injunction against the defendant State and its Officers, for declaring that land comprised in Khasra No.498/1, measuring 14 Bigha 12 Biswas, situated in Chak Kuthari, Tehsil Rohru, District Shimla (suit land) was sanctioned to the plaintiff under Nautor Rules vide order dtd. 20/11/1970, issued by the Revenue Assistant, Competent Authority, under the Himachal Pradesh Nautor Land Rules, 1968 (hereinafter referred to as 'Nautor Rules') and thereafter, Patta was issued to the plaintiff and he was put in possession after depositing Nazrana of Rs.730.00 in the Government Treasury.