POLA RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) HEARD .

(2.) ADMIT on the following substantial question of law: Whether the impugned judgment and decree of the learned Additional District Judge, Solan, Camp at Nalagarh, dated 6th October, 2005 is against the provisions of Section 163 of the H.P. Land Revenue Act?

(3.) IT appears eviction proceedings against the appellant were initiated by the Assistant Collector 1st Grade, Nalagarh, District Solan, from the land in dispute, which measures 1 19 bighas. The Assistant Collector 1st Grade vide his impugned orders dated 31st March, 2002 directed eviction of the appellant from the land in question. The Assistant Collector 1st Grade decided this case as Civil Suit in terms of Sub section (3) of Section 163 of the H.P. Land Revenue Act, hereinafter referred to as the "Act", as the plaintiff had raised question of title and adverse possession over the land in dispute. The Assistant Collector vide his impugned judgment held that the appellant was an encroacher and has not been able to prove his adverse possession over the suit land.