UNION OF INDIA Vs. NAND KISHORE

JUDGEMENT

(1.) This judgment will dispose of Civil Regular First Appeals Nos. 5 and 7 of 1968. These are cross-appeals and are directed against the judgment and decree dated the 30th September, 1963, of the learned Senior Subordinate Judge, Chamba. The facts, giving rise to the appeals, are as follows :

(2.) Maharaja Sham Singh, Ruler of erst while Chamba State, had, by the deed Ex. P. W. 9/A, dated the 2nd May, 1893, made an inam grant of land measuring 7 laharies (one lahari equivalent to three acres), 2 acres, 6 kanals and 6 marlas situated in villages Uperli and Jhikli Chari, (upper and lower Chari), Pukhar, along with Namasi, in favour of Ganga Devi, and her son, Devi Chand. During the recent regular settlement operations in Chamba District, the cultivable land, situated in Chari and Pukhar villages, granted on the basis of Ex. PW. 9/A, was mutated in the ownership of Devi Chand. Bill Namasi was not mutated, in his name it was recorded, as owned, by the Himachal Pradesh Government. Devi Chand put in an application that, besides cultivable land, Namasidhar forest was also granted on the basis of Ex. PW. 9/A and that it should also be recorded in his ownership. Devi Chand died during the pendency of the application. His sons, appellants in Civil Regular First Appeal No. 7 of 1963, (hereinafter referred to as the appellants) prosecuted the application. The Settlement Officer Chamba, dismissed the application, on the 7th January, 1959, holding that only cultivable land was granted, on the basis of Ex PW9/A, and that the grant did not include any area in Namasidhar forest, Ex. DA is the copy of the order of the Settlement Officer, The appellants went up in appeal to the Financial Commissioner against the order of the Settlement Officer. Their appeal was dismissed on 11th December, 1969. Ex. PW. 16/D is the copy of the order of the Financial Commissioner.

(3.) The appellants, then, filed the suit, out of which, the present appeals have arisen, for a declaration that an area, measuring 4152 Bighas and 8 Biswas, in Namasidhar forest was also granted to their predecessors-in-interest, on the basis of Ex. PW. 9/A and that they were the owners of that area and the entries, in the revenue records, showing the aforesaid area in the ownership of the Himachal Pradesh Government were incorrect and of no effect. The appellants, also, prayed for possession of the aforesaid area. The suit was instituted against the Union of India, the Himachal Pradesh Government and the Collector, Chamba, (hereinafter referred to as the respondents).