STATE OF H.P Vs. UPDESH SINGH

JUDGEMENT

(1.) THIS appeal has been directed against the judgment, decree dated 24.5.1999 passed by learned District Judge, Kangra at Dharamshala in Civil Appeal No.32/91, affirming judgment, decree dated 4.3.1991 passed by learned Sub Judge Ist Class, (II) , Nurpur in Civil Suit No.68 of 1990/88.

(2.) THE respondent was plaintiff in the suit for declaration and injunction regarding land comprised in khasra Nos.632, 643, 645, plots 3, measuring 1 -01 -09 hectares vide missal haquiat 1983 -84, situate in Tika and Mauza Kursan, Tehsil Indora. The further case of the respondent is that on coming into force of Himachal Pradesh Tenancy and Land Reforms Act, 1972 ( for short Act) he became owner of the suit land along with some other land and mutation No.390 conferring proprietary rights in favour of respondent was attested on 6.2.1982. The mutation No.390 was reviewed on 26.5.1987 which took away rights of ownership of respondent on the suit land, such review is wrong, illegal, void and without jurisdiction. The respondent continued to be owner in possession of the suit land. The respondent earlier filed suit without waiting for the period of notice which was withdrawn with permission of the Court to file a fresh suit and thereafter the respondent filed the suit.

(3.) THE learned trial Court had framed the following issues: -