STATE OF H.P. Vs. ISHWAR DASS

JUDGEMENT

(1.) RESPONDENT Ishwar Dass and others, hereinafter called plaintiffs, filed a suit for declaration that they are owners in possession of land measuring 1.5 bighas, bearing Khasra No.156/ 125, situate in Mauza Patchi, Pargana Kameli Khurd, Tehsil and District Shimla, as they had been in possession of the said land since the year 1950 and their possession was open, hostile, as of right and continuous. They also sought relief of permanent prohibitory injunction restraining the appellant and proforma respondent No.4, who were impleaded as defendants No.1 and 2, respectively, from causing any interference in their possession.

(2.) SUIT was contested by the defendants. Various preliminary issues were raised. On merits, it was stated that there existed no land bearing Khasra No.156/125 on the spot. At the same time, it was alleged that the father of the plaintiffs had tried to get the land bearing Khasra No.156/125, measuring 1.5 bigha, mutated in his name and had also got entered mutation No.56 in his favour, but that mutation was rejected on 24.7.1976. It was alleged that the total area of land bearing Khasra No.156/125 was 21 bighas 12 biswas and out of this land some land had been transferred to Public Works Department of the State and 10 bighas 4 biswas land was transferred to the Welfare Department on 5.2.1987 and no portion of the said Khasra number was in occupation of the plaintiffs.

(3.) THE appellant submitted, alongwith the grounds of appeal, a list of substantial questions of law on which the appeal was sought to be got admitted. The same are as follows: