GARIBU Vs. STATE OF H.P.

JUDGEMENT

(1.) The Plaintiffs, namely, Garibu and Kapura, both brothers, have filed this second appeal, against the judgment and decree of the learned Additional District Judge, Bilaspur dated 28.3.1992 whereby, after accepting the appeal of the State of Himachal Pradesh Defendant-Respondent, he has reversed the judgment and decree of the trial Court i.e. the Sub-Judge, 1st Class, Ghumarwin, District Bilaspur dated 30.3.1988. By the said judgment, the learned Trial Court had decreed the suit of the Plaintiff-Appellants for declaration and permanent injunction.

(2.) The Plaintiffs went to the Civil Court on the pleadings that the suit land, fully described in the plaint as also in the judgment of the learned Trial Court, measuring 11-9 bighas situated in village Paplah Pargna Sunhani, Tehsil Ghumarwin, District Bilaspur was sanctioned as Nautor to them by the order of the Revenue Assistant (SDO(C), Ghumarwin by his order dated 17.11.1972. Patta was also issued in respect of the said suit land and thereafter possession was delivered to them on 7.3.1973. Lachhman Singh, Defendant No. 2 had filed an appeal against the said order dated 17.11.1972 before the Deputy Commissioner, Bilaspur, who, by his order dated 17.9.1974 reduced the grant of the said land by 6-9 bighas, meaning thereby that the original grant of 11-9 bighas was reduced to 5 bighas. Obviously, the Plaintiff-Appellant, being aggrieved by that order of the Deputy Commissioner dated 17.9.1974, filed a second appeal, as provided under the Himachal Pradesh Nautor Land Rules, 1968, hereinafter called the Nautor Rules, before the Divisional Commissioner, who by his order dated 19.8.1978, modified the order of the Deputy Commissioner and sanctioned land measuring 8-10 bighas out of the original grant of 11 -9 bighas. Thereafter, Kapura Ram Plaintiff went in revision before the Financial Commissioner, who, by his order dated 5.11.1980 set aside the order of the Divisional Commissioner dated 19.8.1978 and maintained the order passed by the Deputy Commissioner, Bilaspur on 17.9.1974. Not resting content, Kapura Ram Plaintiff then applied for review of the order of the Financial Commissioner dated 5.11.1980. This was dismissed by the successor Financial Commissioner by his order dated 24.5.1984.

(3.) The above order of the Revenue Court passed under the Nautor Rules then gave rise to the Civil Suit at the instance of the Plaintiff-Appellants whereby they challenged the said orders on the ground that the same being illegal, thus seeking a declaration to that effect and also sought relief of permanent injunction restraining the Defendant from dispossessing them from the suit land.