STATE OF H.P. Vs. JAGAT RAM

JUDGEMENT

(1.) THE State of Himachal Pradesh has filed this appeal against the concurrent findings of both the Courts below decreeing the suit of the respondent plaintiff for declaration to the effect that they alongwith defendants No. 2 to 13 are owners in possession of the suit land continuously since the year 1910 11 till date.

(2.) THE facts are being noticed in brief as the subsequent amendment in the law would render this appeal as infructuous.

(3.) THE State contested the suit on the ground that the Civil Court has no jurisdiction and that the suit land which is described as 'Shamlat Tika Makbuja Malkan' is assessed to land revenue and has rightly vested in the State of Himachal Pradesh free from all encumbrances under H.P. Village Common Lands (Vesting and Utilisation) Act, 1974 (hereinafter referred to as the "Act"). The State has pleaded that the land has been placed in the allot able pool in accordance with the provisions of the Act.