SH. JASWANT SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) The appellant is the plaintif who has lost in both the learned Courts below and aggrieved by the judgments and decrees so passed has filed the instant appeal.

(2.) The parties hereinafter in this judgment shall be referred to as the 'plaintif' and 'defendant'.

(3.) Brief facts of the case are that the plaintif filed a suit for declaration with consequential relief of permanent prohibitory injunction against the defendant. Plaintif claimed himself the proprietor and khewatdar of village Karsoli, Tehsil Nalagarh, District Solan. His maternal grandfather Shri Baggu was owner in possession of land measuring 21B-6B, bearing khasra Nos. 1379/2/1, 7 and 11, comprised in Kh. Kht. Nos. 95/107, as detailed in the copy of jamabandi for the year 1969-70, situated in the area of village Karsoli, alongwith the property measuring 0-12 biswas, bearing khasra Nos. 9/2(0-3), 9/3(0-9), out of khasra No. 9(13-1), comprised in Kh.Kht. Nos. 392 min/400 min, as entered in the copy of Jamabandi for the year 2010-11 (hereinafter referred to the suit land). The aforesaid land was purchased by the maternal grand- father of the plaintif namely Sh. Baggu from Hari Ram son of Sh. Johari vide sale deed dated 06.12.1969 and since then he was in possession of the same. Sh. Baggu constructed a kacha mud house, varamdah and kitchen etc. over the suit land in the year 1970 and started using the remaining portion as courtyard, Bara Bhawar and passage to the complete knowledge of all the concerned including the defendant and nobody had raised objection when the construction was being raised on the spot. Later on. Sh. Baggu had gifted the aforesaid property to the mother of the plaintif in the year 1975 and since then the mother of the plaintif had been using suit land as owner and after her death the plaintif stepped into the shoes of his mother in the year 1981. In this manner, the plaintif has been coming into peaceful, continuous, hostile, uninterrupted possession of the suit land without any let or hindrance from any side. However, the aforesaid mud house had fallen in the month of July, 1999 during rainy season and thereafter the plaintif renovated the same on the same structure by making it pacca. The plaintif has no other residential house except the house in dispute in the locality. On coming into operation of the H.P. Village Common Lands (Vesting and Utilization) Act, 1974, the aforesaid house of the plaintif has been saved from vesting in the State of H.P. under the provisions of the Act. As the plaintif himself and through his maternal grand- father and mother is coming in peaceful, open, continuous, hostile and uninterrupted possession of the suit land since 06.12.1969 to the complete knowledge of the defendant and all other concerned, the plaintif has become owner of the suit property by way of adverse possession and defendant has no right, title and interest whatsoever over the same. Even statutory authority under the aforesaid H.P. Village Common Lands (Vesting and Utilization) Act, 1974 has not conducted any inquiry as envisaged under the Act, the defendant had started ejectment proceedings against the plaintif under Section 163 of the H.P. Land Revenue Act and accordingly A.C. Ist Grade, Nalagarh has passed ejectment order against the plaintif on 07.08.2012 and thereafter the plaintif had filed appeal before the Collector, Sub-Division, Nalagarh which was also dismissed on 20.03.2013 and in this manner the aforesaid orders passed by the A.C. Ist Grade, Nalagarh and Collector Sub- Division, Nalagarh are wrong, illegal and void. As the matter was of urgent nature hence the application under Section 80(2) CPC was filed for seeking permission of the Court to file suit against the defendant. The defendant was requested several times to admit the claim of the plaintif but defendant refused to admit the same. Hence, the present suit.