P.C. Balakrishna Menon, C.J.—This appeal by the defendant is against the decree of a learned single Judge of this Court in Civil Suit No. 10/71 declaring that the judgment dated 4-5-1968 in Civil Suit No. 21/1 of 1965, Durga Singh v. Union of India, passed by the Senior Sub-Judge Mahasu District and the mutation of Patta obtained by the defendant in pursuance to the said judgment are illegal and void and also granting consequential reliefs in the suit.

2. The defendant is the owner in possession of the land in khasra Nos. 23 and 27 of village Lindi Dhar Tehsil Kasumpti. The adjoining land in khasra No. 22 belongs to the Forest Department of Government of Himachal Pradesh. The defendant had encroached upon the land in khasra No. 22 and had planted an extent of 17 bighas 7 biswas of land in 1958. The Naib Tehsildar on demarcation of boundaries found the aforesaid extent of 17 bighas 7 biswas belonged to the Government and formed part of khasra No.

22. The Government thereafter took proceedings for the ejectment of the defendant and by order dated 16-2-1962 of the District Collector, the defendant was ordered to be evicted from the aforesaid extent of land encroached upon by him