AMAR SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Feeling aggrieved by the judgment and decree dated 17-8-1993 passed by the learned District Judge, Una, thereby setting aside the judgment and decree passed by the learned Sub-Judge Ist Class, Una, whereby the suit of the plaintiffs-appellants (hereinafter referred to as 'the plaintiffs') was partly decreed to the effect that they have been in possession of land covered under abadies as reflected in copy of Khatauni Istemal Ext.P-7 over Khasra Nos. 1337, 1338 and 1339 and have become owners thereof under the provisions of H.P. Tenancy and Land Reforms Act and the order of Assistant Collector Ist Grade dated 29-8-1985 evicting the plaintiffs from the area under their abadies over the said khasra numbers is void, illegal and not binding on them and restraining the State from interfering or forcibly dispossessing them from the said abadies, was decreed, has preferred the present appeal.

(2.) Brief facts giving rise to the presentation of the appeal may be stated, thus;

(3.) The plaintiffs had instituted a suit for declaration that they have been in possession of the land measuring 25 kanals 6 marlas comprising Khasra Nos. 1337, 1338, 1339 and 1340, Khewat No. 220 min, Khatauni No. 326 situate in village Bangarh, Tehsil and District Una (hereinafter referred to as 'the suit land'), firstly as tenants-at-Will on payment of cash rent and now as owners by conferment of proprietary rights under the H.P. Tenancy and Land Reforms Act and the respondent-defendant (hereinafter referred to as 'the defendant') has no right and interest in the suit land and the order dated 19-8-1985 passed by the Assistant Collector, IInd Grade, Una, evicting the plaintiffs from the suit land as encroachers is illegal, void and not binding on the plaintiffs in any manner whatsoever and for issuance of permanent injunction restraining the defendant from interfering in any manner and from taking forcible possession of the suit land, in the alternative relief of possession was claimed.