GRINJU Vs. STATE OF H.P.

JUDGEMENT

(1.) HEARD and gone through the record.

(2.) APPELLANT -plaintiff Grinju filed a suit claiming that 20 Kanals 19 Marlas land had been granted by way of Nautor to him under the notification of 11th September, 1948, whereby Kangra Nautor Rules were notified. He claimed that the grant was made sometime in the year 1971 and mutation had also been sanctioned but by mistake the area was recorded as 10 Kanals 12 Marlas in the mutation order as also in the revenue papers and that taking advantage of the wrong area having been recorded in the mutation and the revenue papers, the field staff of Revenue Department had started claiming that the rest of the area belonged to the State. He sought a declaration that he was owner of 20 Kanals 19 Marlas area, bearing Khasra Nos. 1372/428 (measuring 10 Kanals 12 Marlas), 1418/655 (measuring 2 Kanals 16 Marlas) and 1371/428 (measuring 7 Kanals 11 Marlas).

(3.) THE trial Court returned the finding that the entire land measuring 20 Kanals 19 Marlas had been allotted to the plaintiff and the suit was accordingly decreed. In appeal, the District Judge has reversed the decree and held that only 10 Kanals 12 Marlas land, bearing Khasra No.1372/428, had been granted to the appellant-plaintiff. The learned District Judge has found that the appellant-plaintiff is in possession of the remaining land also, but without any title, and that his possession be not disturbed, except by due process of law.