BUDHI SINGH Vs. STATE OF H P

JUDGEMENT

(1.) This regular second appeal is directed against the judgment and decree of the learned District Judge, Kangra at Dharamshala, H.P. dated 1.3.2001, passed in Civil Appeal No. 126-P/III-99.

(2.) "Key facts" necessary for the adjudication of this regular second appeal are that the appellant-plaintiff (hereinafter referred to as the plaintiff) has filed a suit for declaration and injunction against the respondent-defendant (hereinafter referred to as the defendant) stating therein that he is owner-in-possession of a parcel of land measuring 0-01-08 hectares and the super structure standing thereon, which is part of the land comprised in Khata No. 217 min, Khatauni No. 599 min, Kh. Nos. 1733/1724 and 1722/1495, situated in Mohal Rodi, Mauza Khalet, Tehsil Palampur, Distt. Kangra, H.P., as entered in the jamabandi for the year 1989-90 (hereinafter referred to as the suit land). The land was allotted to him on 13.6.1981. The same was cancelled on 26.5.1993. He was serving in the Indian Army. He has retired in the year 1977. He was houseless. He constructed one room in the year 1979. The construction was done on the assurance given to him by the functionaries of the State. The allotted Khasra number was given to him on 13.6.1981. He deposited the requisite nazrana of Rs. 11.04. He added more rooms in the year 1991. The villagers lodged complaint against him. It is, in these circumstances, order dated 26.5.1993 was passed. The suit land did not form part of the reserve pool. The defendant was estopped from cancelling the allotment.

(3.) The suit was contested by the defendant. According to the averments made in the written statement, it came to the knowledge of the public of the area that the land has been allotted to the appellant illegally. The enquiry was got conducted by Tehsildar, Palampur. He was found to be resident of Sutrehar, Mauja Kothi Jhikli in Kangra Tehsil and his father was alive. His father owned land measuring 1-27-57 hectares. In these circumstances, the allotment of land to him was cancelled vide order dated 26.5.1993.