R.L. Khurana, J.—Both the above noted two appeals arising out of suit No. 118/1 of 1991 are being disposed of by this single judgment.

2. Briefly, the facts of the case leading to the present two appeals may be thus stated. The appellant/plaintiff filed a suit for declaration and injunction. It was pleaded that he is the owner and in possession of the land in dispute measuring 19 Bignas 2 Biswas comprising of Khasra Nos. 632 and 680 of Chak Kuthar, Tehsil Theog, District Shimla and that the order dated 4.12.1984 passed by the Assistant Collector 1st Grade, Theog, for his ejectment was wrong and illegal.

3. Claiming title qua the land in dispute, the plaintiff pleaded that the land in dispute was earlier owned by the then Ruler of Balson State. The father of the plaintiff was inducted as a tenant thereon in lieu of services rendered. Half of the agricultural produce was being paid as rent. On the coming into force of the H.P. Land Holding and Ceiling Act, the land in dispute was wrognly shown as surplus by the owner, that is, the then Ruler of Balson State. The land in dispute, thus, on having been declared as surplus came to be mutated in the name of the State of H.P. (defen