JUDGMENT G. P. Mathur, J.: - This appeal, by special leave, has been preferred by the defendants (State of Himachal Pradesh and three others) against the judgment and decree dated 10.12.1997 of the High Court of Himachal Pradesh by which the Second Appeal filed by the appellants was dismissed and the judgment and decree passed by the District Judge and also senior Sub Judge, Solan decreeing the plaintiffs suit were affirmed.

2. M/s. Shivalik Agro Poly Products Ltd. and others filed the suit seeking a declaration that the notification dated 14.4.1969 issued by the State of Himachal Pradesh under Section 78 of the Registration Act be declared void and ultra vires and for recovery of Rs.27,771/-paid by them as registration fee for registering the mortgage deed dated 30.10.1978. The case of the plaintiffs, in brief, was that they were allotted an industrial plot in Parwanoo by the Himachal Pradesh Housing Board for establishing an industrial unit. They were sanctioned two loans of Rs.30 lacs and Rs.27.76 lacs by Himachal Pradesh Financial Corporation and Himachal Pradesh Mineral and Industrial Development Corporation respectively and in order to secure the loan, they were required to mo

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