STATE OF HIMACHAL PRADESH Vs. KHAZANA RAM

JUDGEMENT

(1.) This second appeal has been filed by the State of Himachal Pradesh. The machinery was set in motion by the Assistant Collector, Nalagarh on the report having been received from the Patwart that respondent Khazana Ram had encroached upon the land measuring 13 Biswas comprising Khasra No. 84 min. Khata /Khatauni No.37/60. Notice under Section 163 of the Himachal Pradesh Land Revenue Act was issued to him, in reply he had made out a case that he had not encroached upon the land, rat her he has become owner by way of adverse possession. The Assistant Collector vide impugned order held that the respondent has been able to prove himself to have become owner by way of adverse possession. Appeal filed by the State stands dismissed and this is how this second appeal has been filed.

(2.) After having heard the learned Counsel for the parties at length and on careful examination of the impugned judgment and the record. I find that the appeal calls for no interference by this Court.

(3.) Respondent claimed adverse possession since 1958 and a further case has been made out that his possession eversince is continuous, un -interrupted, hostile and to the knowledge of the true owner.