JUDGMENT

G.S. Singhvi, J. —

1. These appeals are directed against judgments dated 21.4.1997 and 20.5.1998 of the learned Single Judges of the Himachal Pradesh High Court whereby they allowed the second appeals preferred by the plaintiffs- respondents (hereinafter referred to as ‘the respondents’) and restrained the defendants-appellants (hereinafter referred to as ‘the appellants’) from interfering with their right, title and interest as well as possession over the suit properties without following the procedure established by law. In his judgment dated 21.4.1997 rendered in Second Appeal No. 98/1992, which is under challenge in Civil Appeal No.4109 of 2002, the learned Single Judge also made payment of compensation as a condition for taking possession of the land.

2. We shall first notice the factual matrix of Civil Appeal Nos. 3751- 3752 of 2002.

2.1 The respondents filed Suit No.44/1 of 1987 for grant of a declaration that they are the owners of land measuring 381 bigha 8 biswas comprised in Khewat Khatuni No.20/56-66 (old) and Khewat Khatuni No.23/53-63 (new) situated in Mauza Nehra Kandhol, Pargana Boachali, Tehsil and District Solan. They pleaded that the land was in possessi