BISHAM LAL GARG Vs. HARDEI

JUDGEMENT

(1.) The present Regular Second Appeal arises out of the judgment and decree as passed by the learned District Judge, Bilaspur, District Bilaspur, H.P. dtd. 24/12/2024, whereby the appeal preferred by the present appellant/plaintiff has been ordered to be dismissed and the judgment and decree as passed by the learned Civil Judge, ( Senior Division), Bilaspur, District Bilaspur, dtd. 6/12/2007 has been affirmed.

(2.) The brief facts of the case are that the present appellant has filed a suit for declaration and permanent prohibitory injunction and in alternative, decree for possession in the Court of learned Civil Judge (Sr. Division), Bilaspur, District Bilaspur . It was averred in the plaint that the plaintiff is the owner in possession of the suit land comprised in Khata/Khatoni No. 52/64, Khasra Nos. 76 and of 77, measuring 0-3 bigha situated at Village Bamta, Pargana and Tehsil Sadar, Bilaspur, as per the copy of jamabandi for the year 1998-99.

(3.) It was averred that the plaintiff has purchased the suit land from previous owner vide sale deed dtd. 16/11/1993 and thereafter he is in exclusive ownership and possession of the same. It is further averred that since the date of execution of the sale deed, the plaintiff is in exclusive possession of the suit land and house situated thereon and the defendants have got no right, title and interest over the suit and the house. Further it was averred that defendant No.1 in collusion with the revenue staff misrepresented the facts and got mutation No. 287 entered in her name through Assistant Collector First Grade in Khasra No. 251/221/78/1 with respect to the land measuring 0-1 bigha on 28/7/1998 and that the land measuring 0-1 bigha was wrongly and illegally provided to her in the revenue record by deducting the land from the suit land to which neither the defendant No.1 was entitled under any law nor the Assistant Collector 1st Grade Sadar was empowered to do such illegal acts.