Arun Kumar Goel, J. - (1.)The appellant (hereinafter referred to as the plaintiff) has filed this appeal against the judgment and decree passed by Ms. Kiran Agarwal, District Judge, Hamirpur in Civil Appeal No. 128 of 1990. By means of impugned judgment and decree dated 18-3-1996, the dismissal of the suit filed by the plaintiff ordered by the Senior Sub Judge, Hamirpur in Civil Suit No. 133-1/87 dated 29- 10-1990 has been upheld.
(2.)Brief facts giving rise to this case are that the plaintiff filed a suit for permanent prohibitory injunction against the respondents (hereinafter referred to as the defendants) restraining them not to interfere in the suit land and in the alternative decree of mandatory injunction was prayed for. The plaintiff claimed to be in possession of land measuring 44.90 Sq. meters situated in Tikka Up Mahal, Shiv Nagar, Hamirpur as per Misal Haquiat for the year 1982-83. According to the revenue entries this land was shown in the ownership of the State Government and in possession of the plaintiff. According to the plaintiff, defendants never raised any objection so far his possession over the land in question was concerned, which he further pleaded to be open, hostile as well as to the knowledge of the owner and thus, the plaintiff became its owner by adverse possession. In this background, order of ejectment passed by the Assistant Collector, 1st grade, Amb on 11-11-1996 against the plaintiff and further dismissal of the appeal against the said order by Collector Settlement, Dharmsala was pleaded to be bad in law. Proceedings culminating in his ejectment were also stated to be illegal, null and void.
(3.)This suit was contested and resisted by the defendants. The trial Court after conclusion of the proceedings before it, dismissed the suit of the plaintiff, which dismissal has been upheld in appeal by the first appellate Court. It is in these circumstances that the present appeal came to be filed by the plaintiff.