STATE OF H.P. Vs. MANSHA RAM

JUDGEMENT

(1.) STATE has appealed against the judgment and decree, dated 2nd March, 1998, of learned District Judge (the first Appellate Court), whereby appeal filed against the judgment and decree, dated 23rd February, 1991, of the trial Court, passed in favour of plaintiff -respondent Mansha Ram, in a suit for declaration and permanent prohibitory injunction, has been dismissed.

(2.) RELEVANT facts are like this. Respondent Mansha Ram filed a suit for declaration that he is owner in possession of 18 biswas land, comprised in Khasra No. 159/90/1, situate in Tehsil Ghumarwin, District Bilaspur, H.P., as it had been in his possession since the time of his father. By way of further relief, he prayed for issuance of permanent prohibitory injunction, restraining the present appellant, i.e. the State of Himachal Pradesh, from interfering in his possession, on the basis of revenue entries, showing it to be the owner in possession of the said land. It was alleged that in the year 1945, the Ruler of erstwhile State of Bilaspur granted 1 bigha 19 biswas land to the father of plaintiff -respondent Mansha Ram and that simultaneously with the taking of the possession of said 1 bigha 19 biswas land, father of the plaintiff -respondent encroached upon 18 biswas land bearing Khasra No. 159/90/1, hereinafter referred to as the suit land, and that after the death of his father, the plaintiff -respondent had been in possession of the said land. It has been alleged that since the entries in the revenue record showed the State of Himachal Pradesh as owner in possession, the functionaries of the defendant -appellant had been threatening to dispossess him (plaintiff -respondent).

(3.) TRIAL Court framed various issues on the pleadings of the parties. Parties went to trial. Trial Court gave the finding that the plaintiff -respondent was in adverse possession of the suit land and his possession had matured into title. Issue regarding jurisdiction was observed to have not been pressed. Appeal was filed by the State in the Court of District Judge. Learned District Judge has dismissed the same.