CHAMAN SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS second appeal is directed by the plaintiff -appellant against the judgment and decree passed by the learned District Judge, in Civil Appeal No. 91 -NL/13 of 1996 decided on 15.9.1997 whereby he had affirmed the judgment and decree passed by the learned Sub Judge Nalagarh, District Solan dismissing the suit for declaration and injunction.

(2.) THE appeal was admitted on the following substantial questions of law:

(3.) THE suit was resisted and contested by the defendant -State on the ground that the plaintiff had encroached upon the suit land in the month of April, 1991 consequently proceedings under Section 163 of the H.P. Land Revenue Act were initiated and finally, the order of ejectment was passed by the Assistant Collector on 3.12.1991 in accordance with law and the civil Court has no jurisdiction in view of Section 171 of the said Act. The State also took up the objection of maintainability of the suit, no cause of action and also questioned the locus standi of the plaintiff to file the suit.