KARAM CHAND Vs. STATE OF H.P.

JUDGEMENT

(1.) - The present appeal arises out of the concurrent findings of facts recorded by the Court below.

(2.) S/Shri Hari Chand, Surinder Mohan, Narinder Mohan Sons of late Shri Ishwar Dass as plaintiffs filed a suit for declaration, against defendant No. 1 -State of H.P. and Shri Sant Ram defendant No. 2, praying for a decree of declaration to the effect that the plaintiffs are owners in possession of land measuring 3 Kanals 19 marlas, comprising in Khewat No. 33, Khatauni No. 42, bearing Khasra No. 78 (old Khasra No. 76) situated in Tika Krod Brahmana, Mauza Arlu, Tehsil Bangana, Distt. Una (H.P.) (hereinafter referred to as ˜the suit land). An alternate prayer of possession was also made. The suit was filed on the premise that even though in the revenue record, the suit land was recorded to be owned as Shamlat Tika Hasab Rasad Malguzari - but however, the plaintiffs possession remained intact till the year 1956 -57, when behind the plaintiffs back, the cultivatory possession of defendant No. 2 was recorded in the Rapat Roznamcha and subsequently mutation No. 126 dated 12.5.1986 was also sanctioned conferring proprietary rights upon defendant No. 2. This action of the State was challenged in the suit.

(3.) State of H.P., defendant No. 1 did not file any written statement and defendant No. 2 resisted the suit on the ground that he has been in exclusive possession of the suit land as Hissedar owner for more than 50 years and the revenue entries recorded were based on the factual position at the spot.