PURSHOTAM SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) These four second appeals have been dealt with together in common since not only they involve identical questions of law for consideration but except the private party-Respondents who are tenants are different since they relate to different items of property, the other parties are one and the same.

(2.) The Plaintiffs in all these cases have filed suits for a declaration to the effect that they are owners in possession of the lands which were the subject matter of the respective suits and that the proceedings initiated by the Consolidation Officer and the orders passed by the Additional Director, Consolidation' of Holdings to put the respective tenants in possession of the lands are illegal and without jurisdiction, with also a consequential relief prayed for injunction against the Defendants. The learned trial Judge came to the conclusion that there was no iota of evidence produced in the cases to prove that the land owners and the tenants entered into any agreement to enter into possession of the holdings allotted to them and that the tenants were put in possession of the property and, therefore, the cases on hand fell within the ambit of Section 23(2) of the Act. In the light of the said findings the Civil Court was held not to have any jurisdiction in the matter arid consequently the suits came to be dismissed.

(3.) On appeals filed by the Plaintiffs before the learned District Judge, Kangra at Dharamshala, the learned first Appellate Judge adverted to the decision of this Court S/Sh. Suram Singh, Bhawan Singh and Ors. v. State of Himachal Pradesh and Ors.,1976 SLJ HP 100 and felt bound by the principles laid down therein, not only concurred with the factual issues framed and findings recorded by the learned trial Judge but on the view that the Civil Court has no jurisdiction chose to modify the judgment of the learned trial Judge by directing return of the plaints under Order 7, Rule 10 of the Code of Civil Procedure setting aside thereby the order of the learned trial Judge dismissing the suits. Not satisfied, the above appeals came to be filed in this Court by the Plaintiffs.