STATE OF HIMACHAL PRADESH Vs. LAYAK RAM

JUDGEMENT

(1.) This second appeal has been filed by the defendant, i. e., the State of Pradesh. Parties hereinafter, in the judgment shall be referred to as Plaintiff and defendant.

(2.) The suit, out of which the present appeal has arisen, was filed by the plaintiff seeking a declaration that he has become owner by way of adverse possession in respect of the suit land and a decree for permanent injunction was also claimed restraining the defendant from ejecting or interfering in possession of the plaintiff over the suit land.

(3.) It is also said in the plaint that in the year 1972 -73 the State of Himachal Pradesh took over the management of Thakurdwara Sahib and thereafter the land has continued to be recorded in the ownership of the defendant, but the possession has remained with Makbuja Bashindgan Deh as per entries comprising Jamabiadi of the year 1982 -83. Plaintiff claimed the entire suit land to be under Ws cultivation. It was in the year 1968 that the Tehsildar, Jubbal, who at that point of time was the President of the Thakurdwara Sahib com mil tee ordered that the proceedings for ejectment of the plaintiff be initiated under section 163 of the H. P. Land Revenue Act. An ex partc order of ejectment was passed against him in respect of the suit land. The plaintiff has also alleged that challenge was made to the order passed by the Tehsildar before the Collector and the order was set aside and the case remanded back for fresh trial. Nothing further has been said as to what happened after the case was remanded back.