Judgment

MUDHOLKAR, J.: In this appeal by special leave against the judgment of the Judicial Commissioner, Himachal Pradesh in second appeal two points have been urged on behalf or the appellant. The first is that the Court of the Judicial Commissioner was in error in interfering with a finding of fact of the District Judge and the second is that the Court of the Judicial Commissioner was wrong in holding that the suit was not triable by a civil Court but is triable by a revenue court under S. 77 of the Punjab Tenancy Act, 1887 (Act XVI of 1887) (hereinafter referred to as the Act) which applies to Himachal Pradesh.

2. In order to appreciate these points it is necessary to state some facts. The appellant who was plaintiff in the suit was the former ruler of the State of Bhagat, one of the Simla Hill States. The State of Bhagat and several other Simla Hill States were merged in Himachal Pradesh on July 1, 1947. As a consequence of the merger the ruler surrendered his sovereignty to the new State. Khasra nos. 70, 80, 81, 167, 263 / 170, 171, 172, 173 and 269/177 measuring in all 15 bighas and 19 biswas, among other property, were declared to be the private property of the appellant. It