TEGA Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) THIS appeal is directed against the judgment, decree dated 27.5.1998 passed by District Judge, Chamba in Civil Appeal No. 40 of 1997 affirming judgment, decree dated 15.5.1997 passed by the Senior Sub Judge, Chamba in Civil Suit No. 494 of 1993.

(2.) THE facts in brief are that the appellant had filed suit for declaration that he is owner in possession of the land comprised in Khasra No. 1247/ 1241, khata -khatauni No. 32/32 measuring 4 -12 bighas situated in Mohal Arwain Tehsil Salooni, District Chamba.

(3.) THE case of the appellant is that he had spent more than Rs. 15,000/ - for re -claiming the suit land and raising orchard. He has also constructed a building on the suit land. The mutation No.109 was attested in his name on 9.2.1983 and at that time nobody raised any objection. On 9.8.1988 Chiknu and others had filed an appeal before the Collector, Chamba for annulling the record of rights which was dismissed vide order dated 1.6.1990. Thereafter, the aforesaid persons again filed revision before the Deputy Commissioner -cum -Collector, Chamba which was dismissed on 30.1.1992. Those persons again filed an application before the respondent No.2 which was allowed on 8.12.1992. The order dated 8.12.1992 is wrong, illegal, null and void. The respondents are trying to take vacant possession of the suit land and respondent No.3 on 11.12.1992 asked the appellant to vacate the suit land. In these circumstances, the appellant has filed the suit.