BOSRU Vs. STATE OF H.P.
LAWS(HPH)-1997-12-27
HIGH COURT OF HIMACHAL PRADESH
Decided on December 16,1997

BOSRU Appellant
VERSUS
STATE OF H.P. Respondents

JUDGEMENT

P.K.PALLI, J. - (1.)Plaintiff is in second appeal before this court. Suit for declaration was filed by the plaintiff claiming that she is in possession of the suit land as owner and the entry showing ownership of the State of Himachal Pradesh is wrong, illegal and in -operative on her rights. It was further pleaded that the suit land was never Shamlat Deh nor it vested in the Panchayat nor could be vested in the State of Himachal Pradesh by operation of law i.e. by virtue of H.P. Village Common Lands (Vesting and Utilisation) Act, 1974. A decree of injunction was also claimed restraining the defendant from interfering in the right, title and interest of the plaintiff over the suit land.
(2.)The suit of the plaintiff was contested by the State of Hrmachal Pradesh that the land was Shamlat Deh earlier to its vesting in the Gram Panchayat and rightly came to vest in the State of Himachal Pradesh by operation of law. It was further pleaded that the possession of the plaintiff is that of a trespasser and is not entitled to the decree prayed for by him
(3.)On appreciation of evidence placed on record by the parties, the trial Court held in Para No.20 that the plaintiff though has not proved to be the owner of the suit land but is in its possession, the land was earlier Shamlat Deh and the change of ownership in the name of State of Himachal Pradesh is legal. In the relief it was held that the plaintiff was entitled to the decree that she is in possession of the suit land for more than 12 years prior to coining into force the Punjab Act of 1961 and despites vesting in the Panchayat and thereafter in the State of Himachal Pradesh under the Punjab Act her rights of possession would not be effected and changed and she is legally entitled to retain the possession of the land despite its vesting in the State of H.P. The defendant -State has further been restrained from interfering in possession of the plaintiff or dispossessing her from the suit land.


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