STATE OF H.P. Vs. BALDEV RAM

JUDGEMENT

(1.) VIDE order dated 20.12.2000, this Appeal was admitted on the following substantial questions of law.

(2.) THE present Regular Second appeal (RSA) under Section 100 of the Code of Civil Procedure is against the judgment and decree dated 28th May, 1997, in Civil Appeal No. 63 of 1989, passed by the learned District Judge, Bilaspur, whereby the learned first Appellate Court while dismissing the aforesaid first appeal filed by the appellants herein affirmed the judgment and decree passed by the learned Sub Judge Ghumarwin in Civil suit No. 34/1 of 1986 titled as Baldev Ram and another versus State of H.P., seeking declaration to the effect that they are owners in possession of the land comprised in Khasra No. 552 measuring 6 bighas 13 biswas situated in village Kotlu Brahmna Pargana Sunhani Tehsil Ghumarwin, District Bilaspur, H.P. (hereinafter referred to as ˜the land in dispute), by virtue of sale and in the alternative for adverse possession.

(3.) THE suit was resisted and contested by the defendant -appellants. They took -up the preliminary objections that the suit was bad for non -compliance of Section 80 of the Code of Civil Procedure, limitation, valuation viz -aviz. the point that the Civil Court had no jurisdiction to try and entertain the suit and also estoppel.