SHADI RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS Regular Second Appeal is directed against the judgment and decree passed by the learned District Judge, Solan, H.P. in Civil Appeal No. 29 -S/13 of 1996 dated 9.6.1997.

(2.) THE brief facts necessary for the adjudication of the Second Appeal are that the appellants/plaintiffs (hereinafter referred to as the 'plaintiffs' for convenience sake) had filed a suit in the Court of learned Senior Sub -Judge, Solan on 24.2.1990 for declaration and permanent injunction on the ground that they had been coming in possession as owners of the suit land since the time of their ancestors and revenue entries to the contrary showing the land as Shamlat Deh was wrong, illegal and not affect their right, title or interest and subsequent mutation qua the suit land measuring 125 Bighas 19 Biswas situated in village Chhrol, Tehsil Kandaghat, now Tehsil Kasauli, in favour of Nagar Panchayat and in possession of Makbuja Bashindgaan Deh is wrong, illegal and without jurisdiction. They also assailed the subsequent transfer of the land in the ownership of the State of Himachal Pradesh vide Mutation No. 90 dated 8.7.1975. The Respondent -State (hereinafter referred to as the 'defendant' for convenience sake) resisted and contested the suit.

(3.) THIS Regular Second Appeal has been filed against the judgment and decree of the learned District Judge, Solan dated 9.6.1997.