BATTAN SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS regular second appeal was admitted on the following substantial questions of law:

(2.) RELEVANT facts for the disposal of the appeal may be noticed. Ram Singh, the father of the appellant plaintiff, filed a suit seeking declaration that he was owner in possession of 11 Bighas 11 Biswas of land depicted by khasra No. 1769/1 khewat No. 366 min, khatauni No. 885 min, situate in village Hatwar Pargna Ajmerpur, Tehsil Ghumarwin, District Bilaspur and also for permanent prohibitory injunction, restraining the defendants respondents from causing any interference in his possession or dispossessing him from the suit land. It was alleged that the suit land was part of khasra No. 1769, which was initially entered in the ownership and possession of the ex ruler of erstwhile State of Bilaspur and later on the State of Himachal Pradesh. It was alleged that about 60 years back, the father of the plaintiff, i.e. the appellant's father's father had occupied the suit land that is to say. 11 Bighas 11 Biswas area, and made it irrigable by digging a Kuhal and ever since the possession had been with the father of the plaintiff and after his death with the plaintiff and the possession was continuous, open, hostile and as of right and thus the plaintiff had acquired title by prescription. It was alleged that on 31.10.1981, Collector, 2nd Grade (Tehsildar) visited the spot and passed an order of ejectment against the plaintiff and also imposed a fine of Rs. 1,000/ . The order was alleged to be illegal, void and without jurisdiction.

(3.) IT appears that during the pendency of the matter in the Court of District Judge, Ram Singh, the original plaintiff died and the present appellant, being his son and the sole legal representative, came on record.