V.M.JAIN
KESHAV RAM – Appellant
Versus
STATE OF H. P. – Respondent
V.M. Jain, J. - This Regular Second Appeal has been filed by the plaintiffs-appellants against the judgments and decrees of the Courts below, whereby the suit filed by the plaintiffs was dismissed by the trial Court and the appeal filed by them was also dismissed by the learned Additional District Judge.
2. The facts which are relevant for the decision of the present appeal are that plaintiffs Keshav Ram etc. had filed a suit for declaration and permanent prohibitory injunction against defendants State of H.P. etc. with the allegations that they were owners in possession of the suit land, whereas the defendants had no right, title or interest therein. It was alleged that the suit land was recorded as Shamlat Deh in possession of the villagers in the revenue records. It was alleged that on coming into force of the Punjab Village Common Land (Regulation) Act, 1961, the land was mutated in the name of the Gram Panchayat. It was alleged that however, at the time of the coming into force of the said Act, the land already stood partitioned between the co-sharers and as such, the same would not vest in the Gram Panchayat. It was alleged that on 12.11.1974 the Collector passed an or
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