MEHAR CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS is an appeal under Section 100 of the Code of Civil Procedure filed by the appellant/plaintiff against the judgment and decree, dated 2.8.2001, passed by learned Additional District Judge, Shimla, affirming the judgment and decree passed by learned Sub Judge Ist Class, Court No.4, Shimla, dismissing the suit of the plaintiff for permanent prohibitory injunction.

(2.) BRIEFLY stated, the facts of the case are that the present appellant and proforma respondent No.7, hereinafter referred to as the plaintiffs, filed a suit for permanent prohibitory injunction as against the respondents, hereinafter referred to as the defendants. The allegations made were that the land measuring 56 bighas, as detailed in the plaint, was previously owned and possessed by late Rani Sahiba Tara Wati, widow of late Raja Dalip Singh. She died intestate on 1.6.1978 leaving behind her husband late Raja Dalip Singh and proforma defendants No.3 to 6 as her daughters and son, respectively. Mutation of inheritance was attested vide mutation No.75. It was further alleged that profroma defendants No.4 and 5 vide gift deeds, dated 12.10.1989 & 13.10.1989, Exts.P-1 and P- 2, gifted the entire share in the suit land and put the plaintiffs in physical cultivating possession of the suit land. The plaintiffs claimed that they are in possession of the suit land to the extent of 3/4th share and proforma defendant No.6 Partap Singh to the extent of 1/4th share. It was also pleaded that late Raja Dalip Singh filed returns of his holdings under the H.P. Ceiling on Land Holdings Act, 1972, hereinafter referred to as the Act, and the collector allowed the deceased to retain an area measuring 323.2 bighas out of his holdings and declaring an area measuring 1504.14 bighas as surplus.

(3.) AN appeal was preferred before the Divisional Commissioner, which was decided by him on 25.8.1990, which order was claimed to be without jurisdiction.