CHANDERMANI SHARMA Vs. STATE OF H.P.

JUDGEMENT

(1.) The plaintiff is in appeal against the judgment and decree dated 1.1.2000 passed by learned District Judge, Shimla in Civil Appeal No. 71-S/13 of 1997 setting aside the judgment and decree dated 16.7.1997 passed by learned Senior Sub Judge, Shimla in case No. 96/1 of 97/90 and returning the plaint to the plaintiff.

(2.) The facts, in brief, are that plaintiff/appellant filed a suit for declaration that he is owner in possession of 85 Bighas land out of the land bearing Khasra No. 184 and 2-7 Bighas land out of land bearing Khasra No. 62 situated in Mauza Khalag, Pargana Bagi, Tehsil and District Shimla. He has also prayed for mandatory injunction directing the defendants either to remove the debris and boulders thrown on the suit land in the course of construction of Jubbar Hatti Airport road and to restore the land to its original condition or to take immediate steps for acquisition of the suit land.

(3.) The plaintiff has pleaded that he is owner of land measuring 49-18 Bighas bearing Khasra Nos. 75, 53, 295/25 and 22 situated in Mauza Khalag, Pargana Bagi. Land measuring 223-19 Bighas bearing Khasra No. 184 and 6-19 Bighas bearing Khasra No. 62 situated in Mauza Khalag is recorded as Shamlat Hasab Rasad Araji Khewat in the column of ownership and it is shown in possession of Makbuja Malkan, in the column of rent, the entry is Mai Shamal Khewat (revenue is included in the respective Khezvats) and, therefore,. the same was not shamlat land within the meaning of Section 2(g) of the Punjab Village Common Lands (Regulation) Act, 1961 and it could not have vested in the Panchayat under the provisions of said Act and later on in the State under the H.P. Village Common Lands (Vesting and Utilization) Act, 1974 (for short 'the Act'). Plaintiff being one of the Khewatdars and his share in the Khewat being one third, he is owner to the extent of one third area of Khasra No. 184 which comes to 85 Bighas and one third area of Khasra No. 62 which comes to 2-7 Bighas.