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1996 Supreme(SC) 1648

K.RAMASWAMY, G.B.PATTANAIK
State Of H. P. – Appellant
Versus
Keshav Ram – Respondent


JUDGMENT

Pattanaik, J.-Leave granted.

2. State of Himachal Pradesh has preferred this appeal against the judgment of the High Court of Himachal Pradesh dated 4.5.1994 in R.S.A. No. 122/86.

3. The respondents filed the suit for a declaration that they are the owners in possession of the land comprised in Khasra No. 153/1 measuring 30 bighas and 18 biswas situated in Chak Dakana and for restraining the appellant from interfering with the possession of the respondents. It was alleged in the plaint that the disputed land stood recorded in the settlement papers in the year 1950 in the name of the State as the owner. When the plaintiffs came to know of the same an application for correction was made and the settlement authority after holding a detailed enquiry passed an order for correction and pursuant to the said order necessary correction was made in the register. The plaintiffs, therefore, filed an application under Section 37 of the Himachal Pradesh Land Revenue Act but the Assistant Collector deciding the matter directed that the matter should be referred to the Civil Court and hence the plaintiffs filed the suit for relief as already stated. The State contested the suit denying the




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