DILA RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) HEARD and gone through the record.

(2.) SUIT land measures about 128 Bighas and grass grows on this land, which is owned by the State of Himachal Pradesh, i.e. respondent No.1, herein. Through the Tehsildar of the area, respondent No.1 used to auction the grass growing on this land every year. Father of the appellants- plaintiffs had been making highest bid for purchase of the grass growing on the land for several years. The plaintiffs- appellants, filed a suit claiming that they were tenants on the suit land and by operation of the provisions of H.P. Tenancy and Land Reforms Act, they had acquired its ownership rights, but the respondents- defendants, without any right, title or interest in the land, wanted to dispossess them.

(3.) THE trial court after framing the issues and recording the evidence of the parties, granted a decree of permanent prohibitory injunction in favour of the appellants, holding that they were in possession and that they cannot be dispossessed except by due process of law.