1. This is an appeal against the judgment and decree dated 13-9-1993 passed by the learned Addl. District Judge, Solan, camp at Nalagarh, whereby the judgment and decree Judge 1st Class, Nalagarh has been set aside and the suit of the plaintiff has been decreed.

2. The brief facts, leading to the presentation of this appeal are that the respondent-plaintiff (hereinafter referred to as the respondent) in-1 Judge, Nalagarh for declaration that he is the owner of the land comprising Khasra No.390/191, measuring 1-3-0 bigha, Khewat/Khatauni No. 32/44 situated in village Bhatoli, Teh-Nalagarh, Dist. Solan (hereinafter referred to as the suit land) and the order of the Commissioner (A.D.M., Solan) in Case No. 226/1984 dated 29-8-1985 is legal, null and void, with the consequential relief of permanent injunction restraining the appellant defendant (hereinafter referred to as the defendant) from dispossessing him from the suit land and also from interfering in his possession over the suit land and if dispossessed, a decree for possession of the said land The case of the plaintiff as made out in the plaint H.P. Village Common! Lands Vesting and Utilisation Act, 1974 (hereinafter refe